The Law of Industrial Action and Trade Union Recognition

Abstract

1. Introduction The Last Thirty Years The Change in Temperature Complexity What the Parties Want From the Law Recognition 2. Industrial Action and the Individual Contract of Employment The Basic Principles The Strike as a Fundamental Breach of Contract Alternative Legal Analyses Strike-free Agreements 3. Liability for Strikes: The Economic Torts Introduction The Classic Fact Situations The Two Torts Inducement of Breach of Contract: Lumley v Gye Causing Loss by Unlawful Means Intimidation Duress Conspiracy Suing a Trade Union Intra-union Actions Consumer Actions 4. The Trade Dispute Immunity History Meaning of Dispute Contemplation or Furtherance of a Dispute Parties to the Dispute Trade Dispute Legitimate Trade Disputes Unprotected Disputes The Scope of the Immunity Secondary Action 5. Ballots Background Scope of the Ballot Provisions When is a Ballot Needed? Duration of the Ballot Retrospective Ballots The Right to Vote Conduct of the Ballot Protection of the Voter Counting the Votes Ballots and Injunctions 6. Industrial Action Less than a Strike Background The Work-to-Rule and Go-Slow Overtime Ban Ban on Particular Duties Disruptive Meetings Sit-in Lock-out 7. Picketing, Criminal Offences, and Statutory Restrictions Introduction Civil Liability The Right to Picket and the Statutory Immunity The Code of Practice on Picketing Criminal Law Statutory Restrictions on Specific Industrial Action 8. Industrial Action and Unfair Dismissal The General Nature of TULR(C)A 1992, s 238 Strike, Lock-out or other Industrial Action Is the Employee a 'Relevant Employee'? The Importance of Date of Dismissal Re-engagement Discriminatory Selection Participation in Industrial Action and Contributory Fault Applications to the Employment Tribunal 9. Employment Protection Rights Continuity of Employment Guarantee Pay Redundancy Employment Agencies 10. Injunctions Introduction Granting Interim Injunctions: General Principles Section 221 of TULR(C)A 1992 Factors in the Discretion Undertaking in Lieu of Injunction Quia Timet Injunctions Mandatory Injunctions Application for an Interim Injunction Injunctions Against Persons Unknown and Groups The Role of the Court of Appeal in Injunction Cases Form of Injunction Declarations 11. Restraining Sit-ins 12. Committal for Contempt Introduction Procedure: General Matters Procedure: Personal Service The Application for Committal Service of Application to Commit Can the Court Commit for Contempt of its Own Accord? Hearing Date Standard of Proof Evidence Manner of Committing Contempt Responsibility of Union for Members and Officials Punishment Receiver Sequestration 13. Damages for Industrial Action The Measure of Damages in Contract Property Immune from Enforcement Practice in Damages Claims 14. Deduction of Pay for Industrial Action Contractual Claims Judicial Review 15. Sample Forms and Precedents Endorsement for Claim Form to Restrain Strike Action by the Claimant's Own Employees Claim to Restrain Occupation by Employees Claim for Possession Against Unlawful Trespassers Particulars of Claim: Secondary Action Particulars of Claim: To Restrain Meeting in Working Time Order Restraining Unlawful Picketing Order Restraining Trespass on the Employer's Premises Order for Substituted Service of Injunction on Trade Union Penal Notice to be Inserted on Injunction Order Application to Commit for Contempt and Sequestration in Respect of Breach of Order Made in Form D Letter to Persons Occupying Employer's Premises Draft Dismissal Letter 16. Trade Union Recognition: Introduction Recognition Voluntary Recognition Statutory Recognition 17. Trade Union Recognition: The Application Initiation of the Statutory Scheme The Employer The Union The Small Employer Exemption The Meaning of 'Worker' When the Condition must be Fulfilled Union or Unions 18. Trade Union Recognition: The Bargaining Unit The Bargaining Unit The Employer's Response to the Request for Recognition The Union's Application to the CAC The CAC Procedural Response to an Application An Admissible Application The Decision on Admissibility The Effect of Acceptance The Appropriate Bargaining Unit Does the Application Remain Valid? The Problem of Different Union Applications 19. Balloting Should a Ballot be Held? The Form of the Ballot The Conduct of the Ballot Ballot Duties on the Parties Supervisory Power 20. Changes Affecting the Bargaining Unit Introduction The Scope of Part III The Union's Application The Consequence of the CAC's Deciding upon a New Bargaining Unit Residual Workers 21. De-Recognition Introduction Small Employer Exemption Employer's Request to End Arrangements The Workers' Application to End the Arrangement The De-recognition Ballot De-recognition where the Original Recognition was Automatic De-recognition of the Non-Independent Union Loss of Independence Appeal 22. Victimization 23. Human Rights, Industrial Action, and Trade Union Recognition Article 11 Human Rights in the Trade Union Context 24. EU Law Application of EU Law to Trade Unions: Free Movement Damages Claim 25. International Labour Law Standards International Legal Standards in English Law Specific International Materials

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