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24 June 2010 / Jennifer Eady KC , Nadia Motraghi
Issue: 7423 / Categories: Opinion , Employment
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United action

The most recent legal flare-up between British Airways and Unite (representing BA cabin crew) has dominated the headlines and for once it was not just labour lawyers debating whether there was a right to strike in the UK.

The most recent legal flare-up between British Airways and Unite (representing BA cabin crew) has dominated the headlines and for once it was not just labour lawyers debating whether there was a right to strike in the UK. In the High Court, BA got its injunction on the basis of what looked like a technicality: a failure to notify individual members of eleven spoiled ballot papers. Could the democratic will of BA cabin crew be overridden by such a failure on the part of the union? Ultimately the Court of Appeal (by a majority) held not. In so doing, the court seemed to acknowledge the need to recognise a “right to strike” without pronouncing on the legal basis of such a right.

The right to strike

The traditional (Denning-esque view) is that there is no “right to strike” in the UK: parliament has granted

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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