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LRD guides and handbook February 2010
Taking industrial action - a legal guide
Introduction (519 words)
Evidence of state interference with workers’ attempts to join together and improve their pay and conditions dates back to the Statute of ...
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1. The law — basic principles and definitions (614 words)
The law is created in two ways: statutory law or legislation (statutes) is made by Parliament passing Acts of Parliament. Common law is made by ... Subscribers only
2. Immunities (1,742 words)
Tort law is a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations and is not enforced by ... Subscribers only
3. Balloting (2,749 words)
In 2005, the Department for Trade and Industry (now BIS — the Department for Business, Innovation and Skills) produced an updated version of ... Subscribers only
4. Taking industrial action (877 words)
At least seven days before it starts, the union must take reasonable steps to give the employer proper official notice of the intention to take, or ... Subscribers only
5. Halting industrial action (842 words)
The four-week rule for commencing industrial action does not prevent a union from suspending action and then re-imposing it (Monsanto v TGWU [1986] ... Subscribers only
6. Injunctions (382 words)
The injunction (interdict in Scotland) is the most popular legal remedy sought by employers. An injunction is a court order to do or to refrain from ... Subscribers only
7. Who can sue (546 words)
The law is intended to assist the employer (or a customer or supplier of the employer) to take legal action against trade unions, strike leaders and ... Subscribers only
8. Dismissal (847 words)
The law governing dismissals during industrial action is found in sections 237-238 of the Trade Union and Labour Relations (Consolidation) Act 1992 ... Subscribers only
9. Picketing (1,122 words)
Picketing is where employees encourage others (in breach of their contracts) not to attend work during a trade dispute. Section 220 of the Trade ... Subscribers only
10. Effect on terms and conditions and benefits (986 words)
Going on strike will not result in a breach in an individual’s continuity of employment (section 216 Employment Rights Act 1996 (ERA)). ... Subscribers only
Checklist (360 words)
The requirements for a trade dispute potentially covered by immunity from tort claims are that the ... Subscribers only
Further information (292 words)
Throughout the booklet references have been made to the relevant statutes. Copies of these can be obtained online from the Office for Public Sector ... Subscribers only