Research output: Contribution to journal › Article
An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015. / Ford, Michael; Novitz, Tonia.
In: Industrial Law Journal, Vol. 44, No. 4, 12.2015, p. 522-550.Research output: Contribution to journal › Article
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TY - JOUR
T1 - An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015
AU - Ford, Michael
AU - Novitz, Tonia
N1 - First published online: October 28, 2015
PY - 2015/12
Y1 - 2015/12
N2 - In July 2015, a Trade Union Bill was introduced by the incoming ConservativeGovernment which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.
AB - In July 2015, a Trade Union Bill was introduced by the incoming ConservativeGovernment which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.
U2 - 10.1093/indlaw/dwv029
DO - 10.1093/indlaw/dwv029
M3 - Article
VL - 44
SP - 522
EP - 550
JO - Industrial Law Journal
JF - Industrial Law Journal
SN - 0305-9332
IS - 4
ER -