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

Tue 9 October 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 10 Thorny Questions: Directly from 5 QCs and 2 Venerated Solicitors

5 hrs CPD

This conference is now over

View live conferences

96.4% of previous attendees said they would recommend White Paper Conferences to a colleague


  1. Registration and coffee

  2. Introduction

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

    Chaired by: Peter Frost of Herbert Smith Freehills

    Peter is a "revered employment litigator - one of the very best out there;" actively involved in disputes over bargaining rights and industrial action. "He knows the law inside out."

  3. Live cases

    Drawing on live cases, how are unions and employers developing arguments to (i) defend, or (ii) attack, strike action?

    Answered by: Bruce Carr QC

    Bruce represented BALPA in its claim against over collective bargaining. "He is right at the top of his game; exceptional on trade union and collective labour law injunctions."

  4. Deadlocks

    In a deadlock scenario, can employers (i) impose a pay rise or (ii) change terms and conditions?

    Or does such action offend against s145b?

    Answered by: John Cavanagh QC

    John is acting in the Southern Rail strike action litigation, Govia Thameslink Railways v ASLEF. He is "sensational - with crystal clear advocacy - a star silk” and "a joy to work with."

  5. Morning coffee

  6. CAC tactics

    Using worked examples that expose the problems, which tactics can you deploy at the CAC, when disputing a bargaining unit decision?

    Answered by: Jeremy Lewis of Littleton Chambers

    Jeremy has acted in several cases challenging CAC decisions including R v CAC ex parte Kwik Fit Ltd. "You immediately pay attention to him - he offers superb case analysis."

  7. Alternative action

    What are the unresolved issues - both legal and practical - for mounting alternative, non-strike protests and wildcat action?

    Answered by: Marc Meryon of Eversheds Sutherland

    Marc acted in Metrobus v Unite on the nexus of strike law and human rights and Serco v RMT on strike balloting law. He is “one of the best industrial relations lawyers in the country.”

  8. Over-run

  9. Lunch

  10. Strategic balloting

    Is strategic balloting making an impact - legally and practically - where unions lack confidence in voter turnout or the anticipated level of support?

    Answered by: Jane Russell of Essex Court Chambers

    Jane is “brilliant, insightful and super-intelligent.” She appeared for the Claimants (with John Hendy QC) in the litigation concerning trade union victimization: Pymn and Brook v Land Registry.

  11. Recognition

    What do the trends in recognition applications show (i.e. sectors, size of bargaining unit etc.) and why are they so significant for practice?

    Answered by: Daniel Stilitz QC

    Dan acted for the MOJ over its injunction to prevent the Prison Officers Association from inducing industrial action. He wrote the section in Tolley's on "Trade Unions and Industrial Action."

  12. Over-run

  13. Close of conference