Journal Article

An Absence of Fairness… Restrictions on Industrial Action and Protest in the Trade Union Bill 2015

Michael Ford QC and Tonia Novitz

in Industrial Law Journal

Volume 44, issue 4, pages 522-550
Published in print December 2015 | ISSN: 0305-9332
Published online October 2015 | e-ISSN: 1464-3669 | DOI: http://dx.doi.org/10.1093/indlaw/dwv029
An Absence of Fairness… Restrictions on Industrial Action and Protest in the Trade Union Bill 2015

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In July 2015, a Trade Union Bill was introduced by the incoming Conservative Government which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.

Journal Article.  12388 words. 

Subjects: Employment and Labour Law ; Industrial and Employment Relations

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