The Law of Industrial Action and Trade Union Recognition

• The only work to focus comprehensively on industrial action and trade union law
• Deals with all aspects of bringing and defending recognition claims and industrial action injunctions to ensure nothing is missed when planning a case
• Written by a team of experienced practitioners, providing expert guidance as an effective source of reference
• Offers step-by-step guidance and includes forms and precedents to assist practitioners when negotiating and drafting documents

New to this edition

• Covers all recent case law including the decision in Metrobus, BA, and National Rail, cases from the European Court of Human Rights, and the Central Arbitration Committee decisions
• Completely up-to-date with all changes brought in by amendments to the Trade Union and Labour Relations (Consolidation) Acts in 1992 and 2005, and the Employment Relations Act 2004

Readership: Solicitors and barristers in private practice and in industry specializing in employment law; academics working in the fields of employment and labour law; academic libraries; trade unions; and human resources departments.

John Bowers QC, Barrister, Littleton Chambers, Michael Duggan, Barrister, Littleton Chambers, and David Reade QC, Barrister, Littleton Chambers

"This is a work of authority and clarity. I recommend it highly to any lawyer who may find himself or herself on an industrial relations team." - Graham Clayton, The Law Gazette

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