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Striking out

25 November 2010 / Tom Walker
Issue: 7443 / Categories: Features , Employment
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Is there a right to strike? Tom Walker reports

The ability of workers to strike has been brought into sharp focus by recent events.  Over 2009 and 2010 there has been a series of cases in which the UK courts assessed whether irregularities in the balloting process made a strike illegal. Now that job losses and pension reform are certainties across the public sector, there is a fear that public services may be paralysed by industrial action. As the debate becomes intense and highly political, perhaps it is time for a fundamental but fair rethink of the right to strike.

The flaws in the existing system are well illustrated by the approach employers have often taken to industrial action. In order for a strike to be legal under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA), it need only have the support of the majority of balloted union members who actually vote. Take a hypothetical example:  there are 1,000 employees in a workplace but only 500 are union members; all 500 are balloted for

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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