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25 November 2010 / Tom Walker
Issue: 7443 / Categories: Features , Employment
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Striking out

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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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