Law in Practice

Trade Unions, Recognition and Employee Consultation

• Definition and legal status of trade unions
• Independence of trade unions
• Nature and status of collective agreements
• Recognition and its importance
• The statutory recognition procedure
• Recognition rights
• Disclosure of bargaining information
• Information and consultation – redundancies, reorganisations and transfers of undertakings
• European Works Councils
• Information and Consultation of employees
• The European Company Statute

Industrial Action and the Individual

• Effect on the contract of employment
• Effect on statutory employment rights
• Deductions from pay
• Dismissal during industrial action
• A right to strike?
• Case study

Liability of a Trade Union for Industrial Action

• Liability for the economic torts
• The statutory immunities
• Removal of the immunities
• Secondary action, picketing
• Action to enforce union membership, to impose union recognition, in support of dismissed unofficial strikers
• Strike notices and strike ballots
• Liability of a trade union in tort

Freedom of Association: the employer/employee relationship

• Freedom of association and human rights
• Refusal of employment for trade union reasons
• Detriment or dismissal for trade union reasons
• Dismissal and industrial action
• Offers of inducements – the individualised contract
• Case study

Freedom of Association: the member/union relationship

• Membership rights
• Enforcement of the rule book contract
• The right not to be excluded or expelled
• The right not to be unjustifiably disciplined

Close of training