Further changes to the right to strike debated: As reported in the previous edition, several cases in 2010 highlighted that there are many restrictions on the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the UK, and that employers can stop industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
on complex procedural grounds, particularly in relation to balloting procedures.
In March 2011, the Court of Appeal lifted two injunctions against Aslef and the RMT who, following ballots, had called for strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action in disputes with the London and Birmingham Midland Railway and Serco / Docklands Light Railway respectively. Injunctions had earlier been granted on procedural errors in the ballots. The Court of Appeal clarified the extent of the technical obligations on unions with regard to ballots. Building on its ruling in the British Airways case, it confirmed that minor and accidental ballot errors can be disregarded, if they are immaterial to the result. It opposed applying a ‘standard of perfection’ test that would ‘set traps or hurdles for the union which have no legitimate purpose or function’
Nonetheless, this was still a topic of some controversy in 2011, with the employers’ organisation
employers’ organisation
A body of employers associated for the collective protection and promotion of their interests. Can engage in collective bargaining with trade unions or trade union organisations.
, the Confederation of British Industry, calling on 17 June for changes to the law. In particular, they have called for a minimum threshold to be introduced requiring 40 per cent of members who are balloted to vote in favour before a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
can be called. Under these proposals a simple majority of those voting would not longer be sufficient.
Using derecognition to push through cuts: In August 2011, Plymouth City Council derecognised Unison, the largest union among its staff, after it refused to sign a new collective agreement. Unison alleged that the agreement meant worse pay and conditions for staff and was potentially discriminatory and called derecognition an ‘aggressive and disproportionate response’. After the agreement was revised, Unison agreed to sign it if recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
was restored. Re-recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
was granted in mid-September.
The case underlined union concerns that, in the context of public spending cuts, employers elsewhere in the public sector (where recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
is traditionally very high) might use derecognition to push through cuts in pay and conditions – either as a bargaining tactic or as a longer-term strategy.
