Industrial action

McCluskey, ‘Can Unions Stay Within the Law Any Longer?’ (2015) 44 ILJ 439. An article by the General Secretary of Unite the Union suggesting that developments in the law mean that unions may have to break the law in order to defend their members’ interests.

Secretary of State’s Code of Practice on Industrial Action Ballots and Notice to Employers (revised, 2017) https://www.gov.uk/government/publications/code-of-practice-industrial-action-ballots-and-notice-to-employers--2

Secretary of State’s Code of Practice on Picketing (revised, 2017) https://www.gov.uk/government/publications/code-of-practice-picketing

Ewing and Hendy, ‘The dramatic implications of Demir and Baykara’ (2010) 39 ILJ 2

Ewing and Bogg, ‘The implications of the RMT case’ (2014) 43 ILJ 221

For two contrasting views on human rights and the current law on industrial action ballots and notices see Ford and Novitz, ‘An Absence of Fairness. Restrictions on Industrial Action and Protest in the Trade Union Bill 2015’ (2015) 44 ILJ 523 and Ewing and Hendy, ‘The Trade Union Act 2016 and the Failure of Human Rights’ (2016) ILJ 45 391. Between the dates of these two articles a number of aspects of the original Bill were softened and as a result the authors of the later article consider that the scope for a successful ECHR challenge is limited.

Dukes and Kontouris, ‘Pre-strike ballots, picketing and protest’ (2016) 45 ILJ 337

De Stefano ‘Non-Standard Work and Limits on Freedom of Association: a Human Rights-Based Approach’ (2017) 46 ILJ 185. Considers the problems of organizing lawful industrial action by gig economy workers