Podcast Location:
Download it here [file size: 40.4 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to outline the law relating to industrial action. It sets out the legal framework under the Trade Union and Labour Relations (Consolidation) Act 1992 and provides useful commentary on the approach of the Court of Justice of the European Union in the Viking and Laval cases concerning the relationship between the rules on free movement and the fundamental rights of workers to take collective action, including industrial action and strike action.

Outcomes:
After completing the course you will:
  • Have considered the legal issues arising from industrial action;
  • Be aware of the cap on damages available to employers for claims arising out of industrial actions;
  • Understand the legal considerations when applying for an injunction to restrain industrial action;
  • Understand the requirements that must be met by trade unions conducting an industrial action ballot;
  • Have considered the nature of a leverage campaign.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Conduct of Employment Agencies and Employment Businesses Regulations 2003;
  • International Transport Workers’ Federation and Finnish Seamen's Union v Viking Line (Judgment 11 December 2007) Case C-438/05 ;
  • Laval v Svenska Byggnadsarbetareförbundet (Judgment 18 December 2007) Case C-341/05;
  • Metrobus Limited v Unite the Union [2009] IRLR 851;
  • RMT v Serco Ltd; ASLEF v London & Birmingham Railway Limited [2011] EWCA Civ 226;
  • Trade Union & Labour Relations Consolidation Act 1992.

In this podcast Damian Brown QC from Littleton Chambers discusses the law relating to industrial action. He sets out the legal framework under the TULRA 1992 and considers the requirements that must be met by trade unions conducting an industrial action ballot.

Date Recorded: 5th February 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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