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Industrial Action
Paperback
IDS Employment Law Handbook
ISBN: 9781847039903
Published by: IDS
Publication Date: 09 April 2010
Format: Paperback
£147.00
Free UK delivery
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Product Description
Helping you gain a full understanding of the legislation dealing with industrial action and how it applies in practice, this invaluable employment law resource:
  • Provides an overview of the law governing strikes and other industrial action
  • Sets out the legal liabilities to which unions are exposed
  • Explains the basic statutory immunities for unions organising industrial action and considers the circumstances in which unions forfeit that immunity, e.g. where industrial action does not have the support of a secret ballot
  • Describes the law on picketing
  • Sets out the remedies available against unions for unprotected industrial action
  • Covers the dismissal of participants taking part in either official or unofficial industrial action
  • Deals with the legal impact of industrial action on continuity of employment and employment rights, e.g. the right to wages or redundancy payment
Contents
Overview
A right to strike?
Scheme of the law
Industrial action
Strikes

Liability for industrial action
Union liability in tort
Breach of contract
The industrial torts
Criminal liability

Trade union immunities
Scope of immunity
Trade dispute
'In contemplation or furtherance'

Loss of immunity
Ballots and notice of industrial action
Secondary action
Dismissals during unofficial action
Unlawful picketing
Union-only and recognition clauses
Enforcing union membership

Industrial action ballots
Preliminary considerations
Entitlement to vote
Separate workplace ballots
Ballot requirements
Period of effectiveness

Picketing
Statutory protection for picketing
Loss of protection
Civil liability
Criminal liability
Protection from Harassment Act 1997
Secondary picketing

Remedies for unlawful action
Injunctions
Damages
Action by union members
Action by individuals

Industrial action dismissals
Dismissal during unofficial action
Dismissal during 'protected' official action
Dismissal during 'non-protected' official action

Industrial action and employment rights
Detriment short of dismissal
Pay
Redundancy payments
Guarantee payments
Continuity of employment
Notice rights
Time-off rights

Industrial pressure to dismiss
Redeployment
Causation
Contributory conduct
Joinder of third parties
Right not to be subjected to detriment
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