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

Wed 2 October 2019

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 13 Thorny Questions: Directly from 7 QC, Senior Juniors and Solicitors of Outstanding Ability

5 hrs CPD

£249 + VAT

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  1. Registration and coffee

  2. ​Chair's Introduction

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

    Chaired by: Marc Meryon of Eversheds Sutherland

    Marc is “one of the best industrial relations lawyers in the country.” He “knows the field inside-out.” He acted in Metrobus v Unite, Serco v RMT and Govia Thameslink Railway v ASLEF.

  3. Non-strike action

    What - legally and practically - distinguishes a demo from a picket?

    How far can you push the boundaries?

    What are the legalities of “cyber-picketing”, e.g. the Rogers v Picturehouse Cinemas?

    Answered by: David Reade QC of Littleton

    David appeared for BA in its injunction application against Unite to prevent industrial action by its cabin crew. "He is vivacious, bold and brilliant; with a magnificent presence in court."

  4. S.145b

    Going beyond the Kostal decision, what does (and doesn't) constitute a change in terms and conditions for the purposes of S.145b?

    What are the implications for unions and employers?

    Answered by: Andrew Burns QC of Devereux

    Andrew represented Addison Lee in claims by GMB trade union that its members were dismissed due to their trade union activities. "He cuts through complex cases to distil the key issues."

  5. Morning coffee

  6. Injunctions

    Is there a shift in the wind for industrial action injunctions, post-balloting reform?

    Are volumes down?

    What are the alternatives supported by case law and practical examples?

    Answered by: Binder Bansel of Penningtons Manches Cooper

    Binder acted for Communications Workers Union members in a test case relating to the worker status of postmasters. "He is razor sharp, incredibly clued up and achieves sensational results.”

  7. Return to work

    Weighing up the tactical scenarios, what are the options if employees do not return to work after the initial 12 weeks of a strike?

    Who holds the cards?

    Answered by: Ben Cooper QC of Old Square Chambers

    Ben acted in Argos v Unite on the new requirement for a summary of the dispute to be included on the ballot paper. "He is a complete star who goes beyond the call of duty for every client."

  8. Lunch

  9. Business continuity

    Drawing on live cases, which measures can you lawfully adopt to ensure business continuity through (1) a strike or (2) a leverage campaign short of strike action?

    Answered by: Katherine Apps of 39 Essex Chambers

    Katherine acted in Govia Thameslink Railway v ASLEF and is co-author of "Trade Union Recognition and Industrial Relations". "She is outstanding, confident, direct and eminently approachable."

  10. Pending action

    Cutting through all the opinions, when is a trade dispute actually a dispute, or a process in motion?

    When is a dispute no longer a dispute?

    What counts and what would move a court?

    Answered by: Paul Nicholls QC of Matrix

    Paul secured the injunction to restrain the Prison Officers’ Association from calling industrial action in Liverpool. “He is absolutely first-rate; devastating in his cross-examination."

  11. Over-run

  12. Close of conference