Industrial Action: Shaping New Law into Solution-Focused Answers for Clients

Tue 3 October 2017

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 10 Thorny Questions: Directly from 8 of the UK's Most Experienced Industrial Action Lawyers

5hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Industrial Action: Shaping new law into solution-focused answers for clients

    Chaired by: Martin Chitty of Gowling

    Martin is recognised for his "ability to see the consequences of incoming legislation". His knowledge is second-to-none, and he uses it to drive forward practical courses of action. He is "a big player in the industry".

  3. Restrictions

    Foretelling the first challenges, what are the innovative legal arguments that Unions and employers can deploy to (i) defend or (ii) attack strike action?

    Answered by: John Bowers QC

    John is author of "The Law of Industrial Action and Trade Union Recognition". He is acting in Smith v Carillion Ltd, regarding blacklisting of trade union activists. He is said to have "a brain the size of a planet”.

  4. ​Additional Information

    What is meant by "additional information in ballot papers"?

    What fulfils it?

    Is it all just a matter of common sense?

    Answered by: Joy Drummond of Simpson Millar

    Joy acts for CWU, GMB, BALPA, ISU and others. She was involved in multi-party claims for holiday pay, advising the union on collective solutions and being heavily involved in the consequential industrial negotiations.

  5. Morning coffee

  6. ​Balloting

    Is strategic balloting going to make an impact, where unions lack confidence in voter turnout or the anticipated level of support?

    Answered by: Simon Cheetham of Old Square Chambers

    Simon "has excellent industrial relations knowledge"; he recently appeared in the Boots case in the Court of Appeal, which concerned “sweetheart unions”. He is a popular commentator, appearing frequently in the Press and on TV/Radio.

  7. ​Alternative Action

    What is the capacity and legal prognosis for a rise in alternative, non-strike protests and wildcat action?

    Answered by: Marc Meryon of Eversheds Sutherland

    Marc is recognised as “one of the best industrial relations lawyers in the country” and leads the team at Eversheds Sutherland. He obtained multiple injunctions to prevent strikes during the Olympics, national rail and postal strikes. He “knows the field inside-out”.

  8. Over-run

  9. Lunch

  10. ​Inducements

    Is there scope for employers to offer inducements to employees directly, i.e. when they are not getting the outcome they want from collective bargaining?

    Answered by: Bruce Carr QC

    Bruce is sought for his expertise in relation to industrial action. He acted in Malone v BA on the incorporation of collectively agreed terms and BALPA v on collective bargaining. He is "Employment Silk of the Year (2017)".

  11. Judicial Review

    On what grounds and with what prospects of success can you Judicially Review a bargaining unit decision, post Lidl?

    Answered by: Rebecca Tuck of Old Square Chambers

    Rebecca is editor of "Harvey on Industrial Relations and Employment Law" and co-author of "Annual Labour Law Highlights". She is Chair of the Industrial Law Society. She is "someone you want on your side in a hard-fought case."

  12. ​Contingency

    What is covered by the ban on using agency workers to replace striking workers?

    Does the wording allow the employer to bypass it?

    Answered by: Binder Bansel of Pennington Manches

    Binder is known for his expertise in collective labour and trade union law. He is actively advising on industrial action and the provisions of the Trade Union Act 2016. He acts for many staff associations and their members.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500