The law of industrial action and trade union recognition

This new edition is the only work to focus comprehensively on industrial action and trade union law, dealing with all aspects of bringing and defending recognition claims and industrial action injunctions. INDICE: 1: Introduction; The Last Thirty Years; The Change in Temperature;Complexity; What the Parties Want From the Law; Recognition; 2: Industrial Action and the Individual Contract of Employment; The Basic Principles; The Strike as a Fundamental Breach of Contract; Alternative Legal Analyses; Strike-free Agreements; 3: Liability for Strikes: The Economic Torts; Introduction; The Classic Fact Situations; The Two Torts; Inducement of Breach of Contract: Lumley v Gye; Causing Loss by Unlawful Means; Intimidation; Duress; Conspiracy; Suing a Trade Union; Intra-union Actions; Consumer Actions; 4: The Trade DisputeImmunity; History; Meaning of Dispute; Contemplation or Furtherance of a Dispute; Parties to the Dispute; Trade Dispute; Legitimate Trade Disputes; Unprotected Disputes; The Scope of the Immunity; Secondary Action; 5: Ballots; Background; Scope of the Ballot Provisions; When is a Ballot Needed?; Duration of the Ballot; Retrospective Ballots; The Right to Vote; Conduct of the Ballot; Protection of the Voter; Counting the Votes; Ballots and Injunctions; 6: Industrial Action Less than a Strike; Background; The Work-to-Rule and Go-Slow; Overtime Ban; Ban on Particular Duties; Disruptive Meetings; Sit-in; Lock-out; 7: Picketing, Criminal Offences, and Statutory Restrictions; Introduction; Civil Liability; The Right to Picket and the Statutory Immunity; The Code of Practice on Picketing; Criminal Law; Statutory Restrictions on Specific Industrial Action; 8: Industrial Action and Unfair Dismissal; The General Nature of TULR(C)A 1992, s 238; Strike, Lock-out or other Industrial Action; Is the Employee a 'Relevant Employee'?; The Importance of Date of Dismissal; Re-engagement; Discriminatory Selection; Participation in Industrial Action and Contributory Fault;Applications to the Employment Tribunal; 9: Employment Protection Rights; Continuity of Employment; Guarantee Pay; Redundancy; Employment Agencies; 10: Injunctions; Introduction; Granting Interim Injunctions: General Principles; Section 221 of TULR(C)A 1992; Factors in the Discretion; Undertaking in Lieu of Injunction; Quia Timet Injunctions; Mandatory Injunctions; Application for an Interim Injunction; Injunctions Against Persons Unknown and Groups; The Role of the Court of Appeal in Injunction Cases; Form of Injunction; Declarations; 11:Restraining Sit-ins; 12: Committal for Contempt; Introduction; Procedure: General Matters; Procedure: Personal Service; The Application for Committal; Service of Application to Commit; Can the Court Commit for Contempt of its Own Accord?; Hearing Date; Standard of Proof; Evidence; Manner of Committing Contempt; Responsibility of Union for Members and Officials; Punishment; Receiver; Sequestration; 13: Damages for Industrial Action; The Measure of Damages in Contract; Property Immune from Enforcement; Practice in Damages Claims; 14: Deduction of Pay for Industrial Action; Contractual Claims; Judicial Review; 15: Sample Forms and Precedents; Endorsement

• ISBN: 978-0-19-958962-3
• Editorial: Oxford University
• Encuadernacion: Cartoné
• Fecha Publicación: 01/05/2011
• Nº Volúmenes: 1
• Idioma: Inglés