header-logo header-logo

Striking out

25 November 2010 / Tom Walker
Issue: 7443 / Categories: Features , Employment
printer mail-detail

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 strike action; 300 of these are apathetic and do not

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll