Public sector pensions lead to public and private sectors strikes – can you stop it?
What action could an employer consider taking now?
If there is no trade dispute, then the call to strike is unprotected and the union can be sued. Remember Arthur Scargill and the 'sequestration of assets'? That happened to make sure the union's assets were available to pay for the losses and damages incurred by the employer (the National Coal Board) for the illegal strike action.
If there is a defect in the process then a court can decide that it is unsafe for the union to proceed. That normally slows things down while the union has another go, this time without the defects. But could they, in circumstances where the defect is one the union cannot fix?
Even if the "trade dispute" is present, have the unions satisfied all the other steps in the process? The courts have taken a more practical approach on non-compliance, especially where it would have palpably made no difference at all. But if the union is having to guess at the number of people or cannot identify who and how many there might be with any precision, is it worth trying to get them to back off?
Could the union leave its members open to action for taking unofficial action (although members going out on strike may be unlikely if the union is not pressing the point)?
Liz Wood, associate, +44 (0)20 7664 0343, firstname.lastname@example.org
This action may contain information of general interest about current legal issues, but does not give legal advice.