Podcast Location:
Download it here [file size: 36.1 MB]
Part of:
Employment Law Report 2011 CPD Training Bundle
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

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:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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 is designed to review some of the practical points for practitioners to bear in mind when advising a client faced with industrial action. It will look specifically at whether there is a ‘trade dispute’ and whether workers are taking industrial action within the meaning of the relevant legislation. What is the role of the union, whether the industrial action comes within the immunity from suit and how that might be lost. This podcast also examines the key coping strategies and injunctive relief available to help employers.

Outcomes:
After completing the course you will:
  • Be aware of the contextual background to the extent industrial action is used against employers;
  • Understand the meaning of ‘industrial dispute’ and the importance of staying within the ambit of the legislation;
  • Know whether a call to industrial action constitutes an actionable tort;
  • Understand the importance of the union’s endorsement or authorisation of planned industrial action;
  • Know how the immunity from suit may be lost;
  • Understand the balloting requirements and procedures for industrial action to be lawful.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • National Union of Rail, Maritime & Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226;
  • Trade Union and Labour Relations (Consolidation) Act 1992 ss 219, 223, 244, 226;
  • Wiluszynski v London Borough of Tower Hamlets [1989] IRLR 25;
  • Ticehurst and Thompson v British Telecommunications plc [1992] ICR 383.
Tags:

This podcast is about industrial action, the circumstances in which it will be lawful or unlawful and the consequences that can flow from that being the case.

Podcast added: 03/10/2011

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