Collective action in the United Kingdom in UK labour law is the main support for collective bargaining. Although the right to strike (or "industrial action" traditionally) has attained the status, since 1906, of a fundamental human right, protected in domestic case law, statute, the European Convention on Human Rights and international law, the rules primarily codified in the Trade Union and Labour Relations (Consolidation) Act 1992 have generated significant litigation. In order for a group of workers to take strike action, they must,
hold a ballot of the workforce who will go on strike
inform the employer of the timing and duration of the strike
not conduct the industrial action for a purpose unrelated to terms and conditions of the workers' employment contract
not take industrial action against anyone but the employer of the affected workers
remain peaceful when conducting picket lines
The consequence for breach of these rules is that a trade union will be liable for damages to the employer for the cost of the industrial action, and that an injunction may be issued against the industrial action going ahead. The rules on industrial action in the UK have been called the toughest in the Western World, and subject to heavy criticism from the International Labour Organisation and led to violations in the European Court of Human Rights.
Secondary action and company groups
TULRCA 1992 s 224, secondary action not protected
Quinn v Leatham [1901] AC 495, secondary action disapproved
DC Thomson & Co Ltd v Deakin [1952] Ch 646
Conway v Wade [1909] AC 506, judicial approval of secondary action
Express Newspapers Ltd v MacShane [1979] ICR 210
Duport Steels Ltd v Sirs [1980] ICR 161, secondary action capable of legitimacy
TULRCA 1992 s 222, no closed shop strikes
TULRCA 1992 s 223, no strikes to support unlawful strikes
TULRCA 1992 s 226-234A, ballots, notice and costs
RMT v London Underground Ltd [2001] IRLR 228, notice to employer
RJB Mining (UK) Ltd v NUM [1995] IRLR 813
Monsanto plc v TGWU [1987] ICR 269, new ballot not needed when strike suspending to let negotiations continue, a "matter of fact and degree"
TULRCA 1992 s 220, peaceful picketing is allowed; s 241, immunity from various torts
Highways Act 1980 s 137, Public Order Act 1986 s 14, Police and Criminal Evidence Act 1986 s 25, Police Act 1996 s 89, Conspiracy, and Protection of Property Act 1875 s 7
Rayware LTD v TGWU [1989] ICR 457
Mersey Dock & Harbour Co v Verrinder [1982] IRLR 152, picket against drivers reaching docks an improper purpose
Broome v DPP [1974] AC 587, standing in road not persuasion but compulsion under HA 1980 s 137
Piddington v Bates [1961] 1 WLR 162, police judgment about picket numbers is subjective
Moss v McLachlan [1985] IRLR 76, police can block roads to pickets to preserve peace
TULRCA 1992 s 221, injunctions
Richard Read v NUM
Boxfoldia
P&O v Byrne
Collective action in the United Kingdom Wikipedia (Text) CC BY-SA
