• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discuss and analyse the legal concept of protected trade dispute. Explain also whether, in the light of the most recent financial climate (credit crunch, recession, depression), the right to strike is still a persuasive means of protection o

Extracts from this document...


Law Of HRM 081375217 11/11/2011 Discuss and analyse the legal concept of "protected trade dispute". Explain also whether, in the light of the most recent financial climate (credit crunch, recession, depression), the right to strike is still a persuasive means of protection of the employees' rights or, alternatively, other forms of protection could be envisaged at legislative level. A trade union is an organisation of workers that have joined together to reach common goals such as better working conditions or pay rates. A trade union on behalf of its members negotiate with employers, for such things as wages, working safety, unfair dismissals etc. The settlements agreed are binding on members, employers and sometimes non members as well. In the beginning of the formation of trade unions during the early 19th century under law these organisations were seen as illegal, however in 1824 the law was reformed through the Combinations Act 1824- 25 in which the unions themselves were not illegal, as long as they were operating in the 'friendly society' purposes, anything outwith this was more than likely still seen as illegal. Strikes were regarded as a "criminal molestation of the employer." (Pitt, G 2011: p352) 1. Trade unions in 1871 under the Liberal government who introduced the Trade Unions Act and the Criminal Law Amendment Act, were legalised and seen as being ...read more.


Employees must also be treated equally, an employer can not pick and choose who to dismiss, If he did this could lead to a case being brought about through discrimination against the employees who were dismissed. Employees who have been part of a protected trade dispute cannot be forced to take redundancy under (TULR(C)A,ss152(1)-153), which states that it would be classed as unfair dismissal to select a person for redundancy trade union status/activities. If an unfair dismissal claim is successful then there are a host of possibilities that might come from it. Compensation may be awarded and would be calculated by considering a number of things such as the length of employment, their age and their current pay to create a basic award. They may then also be given compensation that is decided entirely by the tribunal taking into account the loss and suffering by the claimant as well as future loss such as pension schemes etc. and may be anything up to the amount of �68,400. Alternatively if the case is still on going and if the employee agrees, the tribunal may also order the employer to re-instate the employee, refusal to do so would incur further compensation to be paid. In the current economic climate the right to strike may not actually be the best means of protection. ...read more.


Although you have attempted to negotiate, it will not be deemed as satisfactory as you have only given them one option, so possibly if you add in more options then there may be a compromise in which you can both come to. As it stands, it is likely that an injunction will be granted to halt your strike actions against Yoko Plc. Another case which backs up my worries about having an injunction brought about against your strike would be that of University College London Hospitals NHS Trust v Unison [1999] ICR 204 University College entered into a contract with a contractor for the purposes of building a hospital. The Union opposed this contractor and tried to force the claimant to use a consortium preferred by them instead. This was denied by the NHS trust and the union threatened to strike, however it was held that the terms and conditions disputed were not relating to the effected employer and an injunction was granted, this applies to you in the sense that the contract disputes are with a prospective employer and not the current employer. Therefore I believe that as it stands if your terms and conditions do not state anything to do with suppliers then unless you provide more alternatives that you should call of the strike, as it is not a legitimate dispute. 1 Pitt, G. (2011). Employment Law. 8th Edition. Sweet & Maxwell. Pp352 ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Employment Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Employment Law essays

  1. Marked by a teacher

    Critically assess how effective employment law is as a means of altering social attitudes.

    4 star(s)

    Land Nordrhein Westfalen29 and Re: Badeck's Application30, it was held that giving priority to the underrepresented sex is legal under Article 2 (4). So long as the national rules do not impose an automatic quota and contain a saving clause, that all candidates will be subject to an objective assessment.

  2. Legal Report Writing Exercise In no more than 1500 words write a legal report ...

    Any damages awarded should only put Depp in the position he would have been had contractual obligations been performed, and would be limited to payment for the period of notice that should be given by the employer2. If this is not contained within Depp's contract of employment3, then reasonable notice should be given.

  1. The essay will seek to examine and conclude if Trade Unions, in a twentieth ...

    The graph above shows that in 2008 only 34% of contracts were governed by collective agreements. Only one in five (18%) private sector employees and three in five public sectors employees contracts are now governed by a collective agreement3. (The distinction between private and public sector workers is discussed later on).

  2. Selwyn states that it is difficult to categorise working individuals because of the complexity ...

    types of tests to determine employment status emphasises the difficulty in identifying an actual employee.

  1. Employment Law

    qualities could not have filled a vacancy anywhere else within the group. Albert may also claim that he could rely on the "LIFO" clause in the original collective agreement, but as we have seen already in Alexander v Standard Telephones, that such clauses in collective agreements are not appropriate for incorporation in employment contracts.

  2. employment law problem question

    important that the employer should follow a procedure of good industrial practice, such as was laid down in the case of Williams v Compair Maxam Ltd9, the employer should give as much warning as possible, the employer should consult with the trade union, particularly regarding selection procedure, the selection procedure

  1. Agency Workers

    An example of this is shown in the case of James v Greenwich Borough Council, the Court of Appeal held that an agency worker is in reality an employee, where, on the facts of a given case, it is necessary to imply a contractual relationship between the worker and the business.

  2. Free essay

    Labour Law - Unfair dismissal

    The normal retirement age (NRA) is defined in s. 98ZG of the ERA as the age at which other employees working for the same employer are normally required to retire. The normal age will usually mean the contractual age, which is the age as stated in the contract. This is evident from the case of Wall v British Compressed

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work