Podcast Location:
Download it here [file size: 19.2 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:
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Regulated by ILEX:
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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 provide a detailed overview of the law relating to industrial action. It sets out the legal framework under TULRCA 1992 and discusses European and domestic jurisprudence. It examines the contentious issue of balloting and the BA v UNITE litigation. Finally, the podcast sets out the test and other issues to consider when applying for an injunction to prevent industrial action.

Outcomes:
After completing the course you will:
  • Understand the legal issues arising from industrial action;
  • Recognise the causes of action which are excluded by under TULRCA 1992 and appreciate the complications relating to new torts;
  • Appreciate the significance of the EU jurisprudence in this area;
  • Understand the recent BA v UNITE cases on balloting;
  • Understand the legal considerations when applying for an injunction to restrain industrial action and the risks associated with contingency plans should you fail to obtain the injunction.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Trade Union and Labour Relations (Consolidation) Act 1992;
  • Associated British Ports v TGWU [1989] ICR 557;
  • International Transport Workers Federation v Viking Line ABP or The Rosella [2008] IRLR 143 (C-438/05);
  • Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet [2008] IRLR 160 (C-319/05);
  • Union Royale Belge des Sociétés de Football Association ASBL & others v. Jean-Marc Bosman; Case C-415/93;
  • British Airways v Unite the Union [2009] EWHC 3541;
  • British Airways v Unite the Union [2010] EWCA Civ 669;
  • Metrobus Ltd v Unite the Union [2009] EWCA Civ 829;
  • American Cyanamid Co v. Ethicon Ltd [2001] 1 WLR 194;
  • Cream Holdings Ltd v Banerjee [2005] 1 A.C. 253;
  • Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Tags:

In this podcast Damian Brown, a barrister at Littleton Chambers, discusses industrial action law. Damian describes the relevant legal framework under TULRCA 1992 and the recent case law including the BA v UNITE litigation.

Podcast added: 21/09/2010

Podcast last reviewed: 2012-07-30

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