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An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015

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An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015. / Ford, Michael; Novitz, Tonia.

In: Industrial Law Journal, Vol. 44, No. 4, 12.2015, p. 522-550.

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@article{2d3e324fd3e4437981fa5e665bbec3c3,
title = "An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015",
abstract = "In July 2015, a Trade Union Bill was introduced by the incoming ConservativeGovernment which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.",
author = "Michael Ford and Tonia Novitz",
note = "First published online: October 28, 2015",
year = "2015",
month = "12",
doi = "10.1093/indlaw/dwv029",
language = "English",
volume = "44",
pages = "522--550",
journal = "Industrial Law Journal",
issn = "0305-9332",
publisher = "Oxford University Press",
number = "4",

}

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TY - JOUR

T1 - An Absence of Fairness... Restrictions on Industrial Action and Protest in the Trade Union Bill 2015

AU - Ford, Michael

AU - Novitz, Tonia

N1 - First published online: October 28, 2015

PY - 2015/12

Y1 - 2015/12

N2 - In July 2015, a Trade Union Bill was introduced by the incoming ConservativeGovernment which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.

AB - In July 2015, a Trade Union Bill was introduced by the incoming ConservativeGovernment which seeks to place significant restrictions on UK trade union activity, probably in anticipation of deep budgetary cuts affecting the public sector which are likely to generate protest. The assertion has been made that this legislative proposal is fair and balanced. We contest that claim with reference to the likely effect of the measures on industrial action, pickets and protests. The consultative process was incomplete and the substantive provisions unfairly target union-organised strikes and protests. The proposals are open to challenge on grounds of insufficient justification, impracticability of compliance and violation of fundamental civil liberties. They entail probable breach of UK obligations in respect of International Labour Organisation (ILO) standards and rights arising under the European Convention on Human Rights (ECHR) and European Social Charter (ESC). By further restricting the scope of lawful industrial action and pickets, the proposed legislation risks provoking other kinds of protest.

U2 - 10.1093/indlaw/dwv029

DO - 10.1093/indlaw/dwv029

M3 - Article

VL - 44

SP - 522

EP - 550

JO - Industrial Law Journal

JF - Industrial Law Journal

SN - 0305-9332

IS - 4

ER -