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Human relations - Essay Example

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The Trade Union Reform and Employment Rights Act 1993 inserted s 235 A, into the Trade Union and Labor Relations. Act 1992, wherein it now provides a right to any individual who is deprived of goods and services because of unlawful industrial action to initiate court proceedings. …
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Download file to see previous pages A strike (or industrial action less than a full stoppage of work) will be in breach of the contract of employment for two reasons. Firstly, the striker is failing to perform the contractual obligations to work and to obey lawful instructions. Secondly, by seeking to 2 cause disruption to the employer’s business, the striker is breaching the “implied term to serve the employer faithfully within the requirements of the contract”.It is to be noted that the taking of strike action is a breach of the employee’s contract of employment, even where all the obligations imposed on the trade unions by Part V of The Trade Union and Labor Relations (consolidation) Act 1992 have been fulfilled. Not only is a strike in breach of the worker’s contract of employment, we find that the breach is far reaching as we see in Secretary of State v. Aslef ICR 19, the inevitable breach of the duty of faithful services, that virtually all other forms of industrial action will breach the contract of employment, or refusing to carryout some aspects only of contractual duties. Such as in work slow downs. Further in Miles v. Wakefield MDC [1989] ICR 368 at 389, Lord Templeman states: “Any form of industrial action by a worker is a breach of contract which entitles an employer at common law to dismiss the worker. Also we find in Wiluszynski v. Tower Hamlets IBC [1989] IRLR 259, that in the event of an industrial action, the employer can also refuse to pay wages. Further in NCB v. Galley WLR 16, we find in the event of industrial action the employer can sue for damages. ...
(Gibson LJ)

It is to be noted that the taking of strike action is a breach of the employee's

contract of employment, even where all the obligations imposed on the trade unions by

Part V of The Trade Union and Labor Relations (consolidation) Act 1992 have been

fulfilled.

Not only is a strike in breach of the worker's contract of employment, we find that

the breach is far reaching as we see in Secretary of State v. Aslef (N0.2) [1979] ICR 19,

the inevitable breach of the duty of faithful services, that virtually all other forms of

industrial action will breach the contract of employment, or refusing to carryout some

aspects only of contractual duties. Such as in work slow downs. Further in Miles v.

Wakefield MDC [1989] ICR 368 at 389, Lord Templeman states: "Any form of industrial

action by a worker is a breach of contract which entitles an employer at common law to

dismiss the worker. Also we find in Wiluszynski v. Tower Hamlets IBC [1989] IRLR

259, that in the event of an industrial action, the employer can also refuse to pay wages.

Further in NCB v. Galley [1958] WLR 16, we find in the event of industrial action the

employer can sue for damages.

Under current law in the UK, recognition is a matter of fact and not a legal status.

There is no legal means by which the worker or the union can compel the employer to

reach an agreement, and, in particular, no right on the part of the worker or the union to

compel the employer to submit to arbitration.

The employer can seek emergency interlocutory relief. This procedure does not ...Download file to see next pagesRead More
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