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!
Why register to The Lawyer
More relevant to you
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
What plans do the Conservative government intend to implement and how will this impact employers? Shoosmiths summarises the headline employment policies.
Do you agree with some of the discrimination decisions made by the courts in recent years? Shoosmiths presents three different scenarios.
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…