Practical tips for avoiding industrial action
By Sarah Booth
An HR director in France was recently ‘taken hostage’ by employees during an industrial dispute. While this is an extreme example, employers wanting to avoid or manage industrial action would do well to consider the following points
Industrial action encompasses strikes, ‘work to rule’, overtime bans and ‘go-slows’. Employees who participate in industrial action will normally be breaching their contracts of employment. In backing industrial action, the union will be inducing the employees to breach their contracts of employment, which gives rise to liabilities for the union. However, the union will have immunity against any claims by the employer if the industrial action takes place in accordance with the law.
Challenging industrial action is complex and can be costly. The main mechanism for stopping industrial action is to apply to the High Court for an interim injunction against the union. However, it will only be possible to do so where unlawful industrial action is threatened…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The aim of the act is to stop people being deterred from participating in socially useful activities due to worries about liability (although one peer said its text ‘would barely muster a pass in GCSE legal studies’).
The unilateral actions of one landlord could spark a chain of events that determines the entire lease
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…