The Right to Strike

Paper Summary:

This paper analyses four sources of UK employment law and practice; the domestic common law, statutory law, the European convention and international labour standards. The paper considers what legal provisions exist, if any, to effect a conclusive right for workers and trade unions to lawfully instigate and participate in industrial strike action as a means of addressing labour disputes. The paper shows how the law does make provision for strike action to effectively take place, by granting statutory, albeit limited, immunities.

Outline:
Abstract
Domestic Common Law
Domestic Statutory Law
The ECHR and a 'Human Right' to strike?
International Recognition of a Right to Strike
Conclusion

From the Paper:

"Whilst the statutory law in the UK has seen much change over the years in the extent to which it has either sought to provide for, or sought to restrain the use of industrial action in labour disputes ; the common law, by way of contrast, has continuously followed the general principle that an employee is fundamentally obliged under his contract of employment to provide his labour. Consequently, "any form of industrial action by a worker is a breach of contract which entitled the employer at common law to dismiss the worker" , and / or to refuse the paying of wages , and / or to even sue for damages . As such, notwithstanding the fact that the latter option has rarely been pursued in practice by employers , it can be clearly seen from the outset that the common law provides employees with no means of effectively engaging in strike action without risking potential loss of employment and financial ruin."

Sample of Sources Used:

• Davies, A.C.L. "The Right to Strike Versus Freedom of Establishment in EC Law: The Battle Commences, Industrial Law Journal (2006) 35(1), pp.75-86
• Ewing, K.D. "Freedom of Association and the Employment Relations Act 1999", Industrial Law Journal (1999) 28(4), pp.283-298
• Ewing, K.D. "The Implications of Wilson and Palmer", Industrial Law Journal (2003) 32(1), pp.1-22
• Hendy, J. QC., "Commentary: Caught in a Fork", Industrial Law Journal (2000) 29(1), pp.53-60
• Hendy, J. QC., "The Human Rights Act, Article 11 and the Right to Strike", European Human Rights Law Review (1998) 5, pp.582-616

More papers on The Right to Strike:

• Analytical Essay # 135920 : "The Winnipeg General Strike of 1919"
• Book Review # 148179 : "The Fights for Public Space"
• Persuasive Essay # 116192 : "The Newfoundland Public Sector Strike"

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