29. Industrial action

2019 ◽  
pp. 512-530
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Labour Relations ◽  
Industrial Action ◽  
The Law ◽  
Practical Implications

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

22. The Law Relating to Trade Unions

2020 ◽  
pp. 563-580
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Executive Committee ◽  
Trade Unions ◽  
Disciplinary Action ◽  
Labour Relations ◽  
The Law ◽  
Definition Of ◽  
Committee Election

This chapter focuses on the law as it affects the running of a trade union. All the relevant law is consolidated by the Trade Union and Labour Relations (Consolidation) Act 1992, as amended. The discussions cover the definition of a trade union, their listing, and certification; the rules of a trade union including disciplinary action and conduct of union affairs; the executive committee, election of candidates to the executive committee; rules for accounts, records, etc; the requirements before a trade union can have a political fund and pursue political objects; breach of union rules; amalgamation and transfers; and employers’ associations.

16. Wrongful Dismissal

2020 ◽  
pp. 390-401
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

22. The Law Relating to Trade Unions

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Executive Committee ◽  
Trade Unions ◽  
Disciplinary Action ◽  
Labour Relations ◽  
The Law ◽  
Definition Of ◽  
Committee Election

This chapter focuses on the law as it affects the running of a trade union. All the relevant law is consolidated by the Trade Union and Labour Relations (Consolidation) Act 1992, as amended. The discussions cover the definition of a trade union, their listing, and certification; the rules of a trade union including disciplinary action and conduct of union affairs; the executive committee, election of candidates to the executive committee; rules for accounts, records, etc; the requirements before a trade union can have a political fund and pursue political objects; breach of union rules; amalgamation and transfers; and employers’ associations.

27. Freedom of association

2019 ◽  
pp. 481-496
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Equal Protection ◽  
Freedom Of Association ◽  
The Law ◽  
Taking Action ◽  
The Relationship

This chapter provides an introduction to collective employment law. Collective employment law concerns the regulation of the relationship between trade unions and employees in their capacity as trade union members. In order to be able to enforce these rights it is often necessary for a union to be listed by the Certification Officer, recognised by an employer or for its members to be acting ‘officially’ in the name of the union. Freedom of association is protected by laws which deter employers from dismissing employees or taking action short of dismissal against them for a trade union reason. The law gives equal protection to people who suffer the same detriments because they are not union members or because they have left a union.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

scholarly journals Learning to live with the law? The legislative attack on British trade unions since 1979

1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Legal Intervention ◽  
British Trade ◽  
Industrial Action ◽  
The Law ◽  
Labour Legislation

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.

Online Resources Chapter D: Industrial Action and Statutory Immunities

2020 ◽  
pp. 846-846
Author(s):  
David Cabrelli
Keyword(s):  
Human Rights ◽  
Trade Union ◽  
European Convention ◽  
Online Resources ◽  
European Law ◽  
Trade Disputes ◽  
Industrial Action ◽  
The Law ◽  
The Uk

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....

20. Collective Redundancies

2020 ◽  
pp. 810-840
Author(s):  
David Cabrelli
Keyword(s):  
Trade Union ◽  
Large Scale ◽  
Labour Relations ◽  
The Law

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

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