Industrial Action in the UK - Essay Example

Extension of Scope of Economic Tort in Industrial Action in UK – “The past 30years have witnessed enormous extension of the scope of the economic torts as they affect industrial action , while simultaneously seeing a significant contraction in the breath of the golden formula, a combination of events which has considerably extended the scope of potential liability for industrial participants in industrial action” The following paper will address the accuracy of the above statement. There was a massive change in the course of law in UK regarding the trade union’s capacity for taking industrial action in the period 1979-97. It was considered as the prime time for labor union as it gained strength and high memberships. There were conservatives who wanted to curtail the growing power of the trade and labor unions. Although initially the conservatives had a soft approach regarding this issue but later they wanted to bring back the norms from the Industrial Act 1971 which was considered as ill-fated in UK. The industries felt the taste of insecurity with the rise in Trade Unions and their power and were forced to change their soft approach on the issue. There was a constant revision process of Employment Act in UK with the immunization of the Trade Unions from 1980-90. In UK since 1979, there were six revisions of Employment Act took place in years, 1980, 1982, 1984, 1988, 1989, 1990. These revisions were followed by Trade Union and Labour Relations (Consolidation) Act or (TULR(C)A) in 1992, the Trade Union Reform And Employment Rights Act (TURERA) in 1993 and Employment Rights Act on 1996.1 These regulations and acts provided direct and indirect support in making the Trade Unions powerful in UK. These rights increased the protection of individuals from the dictating forces of the employers. The employers used to dictate the employees previously on issues of joining the trade unions which influenced an individual’s decision making.2 There are some general issues which arise out of these regulations like the effects of these changes on the capacity of the Trade Unions in taking industrial actions and the commitment of economic torts by taking these actions. These issues are the subject of discussions in whole of UK and there are different view points regarding this. Commitment of Economic Torts The Economic Torts provide protection from interference in someone’s business and trade. It does not give provision to any individual to hamper others’ business or trade by creating nuisance. In the English Common Law there was no recognition of right to strike or organize any strike in UK. If there was any strike in the industries then the labors were withdrawn from work for indefinite period which prevented them from taking such aggressive step against the industries in UK. It was considered as the breach of contract by the employees and workers if they organize or support any industrial strike. The official or unofficial trade union leaders, who organize the industrial strikes were considered to be committing an economic tort by breaching their official employment contract and were subject to suspension from work. However, there was little liberty given to organizing strikes on behalf of statutory defenses which are against the Economic torts of UK under the Trade Dispute Acts. Later in the 80s these statutory defenses were amended and further amendment and consolidation occurred in TULRC Ac in 1992.3 According to the House of Lords, the unions should be responsible in tort for influencing and encouraging the workers to organize a strike against their employers for increasing their wages. This exasperated the workers and resulted in the formation of British Labor Party and the Trade Disputes Act. Later torts were used against the unions for conspiracy and intervention in commercial business and contracts.4 These steps triggered the sentiments of the workers and are responsible for the commitments of economic torts in UK. The Government and the regulatory bodies thought, this step might discourage the growth of trade unions in the country and break their agendas against the employers but it united them to form the British Labor Party. Golden Formula The golden formula for trade union for taking industrial action was established in UK by the Trades Dispute Act in 1906 and which says that there should be legal immunity for the trade unions if their industrial actions are found to be the reflection or result of a certain trade dispute in the industry. That is there will be no legal action against the trade unions if their industrial actions are found to be under severe pressure or trade dispute in the industry. Trade dispute comprises of all those actions taken by the employer against an employee like issues over the employment contract, terms and conditions specified in contract, allocation of work, dismissal, union membership, etc.5 This measure was taken to end the unfair exploitation of workers by the employers and reduce the trade disputes. Thus the establishment of Golden Formula is a major step in the growth of Trade Union in UK. Section 219 of TULR(C) Act 1992 This section establishes the immunities for the employees against certain types and forms of industrial actions against trade disputes. It states that, “in contemplation or furtherance of a trade dispute”6 the steps taken are not chargeable in the court, as these steps are taken on self-defensive actions and are not directly responsible in breach of employment contract. This section supported and defends the actions of the trade unions but it required lots of tests before it was established. The first test that came up over this issue was to determine the actual trade disputes which will be liable in industrial action and statutory immunity. Under section 244, the trade dispute comprises of all those actions taken by the employer against an employee like issues over the employment contract, terms and conditions specified in contract, allocation of work, dismissal, union membership, etc. but the disputes over future terms will not be considered. If any strike happens under the course of these above stated disputes the according to section 219, the employees can’t be dismissed from work by the employer. A strike can be called “official” if it’s been organized by any employee who is a member of an authorized trade union and the decision of strike was made by the higher officials of the trade union. If the actions are found to be unofficial then individuals responsible for these actions will not get any benefit of section 219 and will be liable to economic tort and can be dismissed from work.7 Conclusion It can be seen that there was an enormous growth in the provision of immunities in industrial actions by the trade unions in UK in the last three decades which increased the scope of economic torts in the industrial sector. This surely had a direct effect on the increasing number of individuals liable to economic tort for taking industrial action in UK. The privileges in section 219 are being misused to large extent which had resulted in the extension of scope of economic tort in industrial action in UK. The above discussion supported the fact expressed by Professor Deborah Lockton in his book and hence the initial statement. The supportive Employment Rights Acts have provided enough scope for the employees and workers in UK to be liable for economic tort in industrial actions. Reference 1. Lockton. D, (2005), Trade unions and industrial actions, Employment Law, Routledge Cavendish. Available at: http://books.google.co.in/books?id=RQDqhqWa2eQC&pg=PA229&dq=THE+LAW+OF+INDUSTRIAL+ACTION+Deborah+Lockton&source=gbs_toc_r&cad=7#v=onepage&q=&f=false (accessed on December 17, 2009) 2. Elias.P, Ewing.K, (November 1982), Economic Torts and Labour Law: Old principles and new liabilities, Cambridge Law journal, 41(2). Available at: http://www.jstor.org/pss/4506460 (accessed on December 17, 2009) 3. Industrial Law Journal (December 2007), Economic tort liability in labour disputes: The potential impact of the House of Lords’ decision in OBG Ltd v Allan, Oxford Journal, 36(4). Available at: http://ilj.oxfordjournals.org/cgi/pdf_extract/36/4/468 (accessed on December 17, 2009) 4. Economic Torts, (2009), Torts, Absolute Astronomy.com. Available at: http://www.absoluteastronomy.com/topics/Tort (accessed on December 17, 2009) 5. Business Management, (n.d), Golden Formula: trade union, industrial action, immunity, trade dispute, jrank.org. Available at: http://www.jrank.org/business/pages/671/golden-formula.html (accessed on December 17, 2009) 6. Trade Union and Labour Relations (Consolidation) Act, (1992), Restrictions of offence of conspiracy: England and Wales, Office of Public Sector Information. Available at: http://www.opsi.gov.uk/acts/acts1992/ukpga_19920052_en_14 (accessed on December 17, 2009) 7. Law and trade disputes (July 31, 2008), Statutory immunities, Local Government Employers. Available at: http://www.lge.gov.uk/lge/core/page.do?pageId=119715 (accessed on December 17, 2009) Read More