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Pre-strike Ballots, Picketing and Protest: Banning Industrial Action by the Back Door?

Dukes, R; Kountouris, N; (2016) Pre-strike Ballots, Picketing and Protest: Banning Industrial Action by the Back Door? Industrial Law Journal , 45 (3) pp. 337-362. 10.1093/indlaw/dww026. Green open access

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Abstract

Our aim in this article is to analyse the provisions of the Trade Union Act 2016 that deal with pre-strike ballots and picketing. We also consider Government proposals to legislate in respect of protests associated with industrial action (‘leverage action’), which were abandoned in favour of plans to amend the Code of Practice on Picketing. We note the suggestion made by several commentators and Opposition politicians that the Government might have intended with these changes to make it significantly more difficult for trade unions and workers to exercise their rights to take industrial action, and to engage in forms of protest associated with industrial action. Examining the stated policy aims of Government, and available evidence which speaks to those policy aims and to the likely impact of the new rules, we argue that the freedom of workers and trade unions to participate in and organise industrial action has indeed been narrowed very considerably by this Act; further, that the case for amending the existing legal framework was not at all well made.

Type: Article
Title: Pre-strike Ballots, Picketing and Protest: Banning Industrial Action by the Back Door?
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/indlaw/dww026
Publisher version: https://doi.org/10.1093/indlaw/dww026
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1552539
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