May 25th 2019, 18:36

INDUSTRIAL RELATIONS AND THE LAW:
THE DEFINITIVE TEXT NOW IN A NEW THIRD EDITION FOR 2019

An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister”

‘Industrial action’ used to be called ‘strikes’ way back when, in the seventies and eighties. And sure enough, the precursor to this third edition of a now long established and definitive text which was called “The Modern Law of Strikes’ and published 1987.

The evolution of the title is significant. It does reflect the changes that have taken place “vis a vis” trades unions in the last four, almost five, decades. As Burton J mentions in the Foreword, ‘trade union recognition… has once again taken central stage,’ adding that, in his view, this book contains ‘the first detailed consideration of ‘the new statutory scheme by reference to the cases reported on the CAC’s website.’

‘Labour law is dynamic,’ say the four co-authors as they describe ‘the balance which the law endeavours to achieve between the right of collectively organised labour and the employer (which) has been the subject of criticism from both sides of the political spectrum.’

Published by Oxford University Press (OUP), the book provides a noteworthy introduction offering the busy reader a succinct, but incisive overview of the developments in labour/employer relations over the past thirty years.

In this context, the following point is made, namely that ‘one of the most persistent causes of strikes over the years has been the request for trade union recognition,’ into which the law has stepped via key legislation, to provide a peaceful means of settling such claims.

An even shorter summary at the end of the chapter provides a brief but hard-hitting review of ‘the State of Things in 2018’, supported by some revealing statistics, most indicating, to a considerable degree the decline of trades union membership and therefore trades union power, although a resurgence should not be ruled out, say the authors, in the event of a Corbyn-led government.

While it is irrefutable that developments, good or bad, within the trades union movement are inextricably linked with politics — parliament being the law-making body — the commentary in this book is objective and politically neutral covering, as it does, virtually all the topics relevant to this area of law.

The chapter headings themselves indicate a thorough and authoritative examination of a formidably wide range of difficult issues. ‘Industrial Action and the Individual Contract of Employment’, and ‘Liability for Strikes: The Economic Torts’ are just two examples. Further chapters examine trade dispute immunity, picketing, unfair dismissal, employment protection rights, injunctions and more.

Two chapters are devoted to balloting, a matter of considerable controversy over the years. It’s in the latter part of the book that trades union recognition is analysed in depth and detail over at least three chapters, plus there’s a chapter on de-recognition.

Distinguished by its clarity and readability, this new and updated third edition of this classic text — noted for its authority and reliability — is an essential tool of reference, not just for lawyers and the judiciary, but for anyone involved the trade union issues, from trades unions themselves (obviously) to employers (certainly) to arbitrators, mediators and conciliators.

Indeed, researchers in any sphere will find very useful, the extensive tables of cases, legislation, statutory instruments, treaties and conventions and codes of practice. The table of contents is fortunately, very detailed as is the index. Also note the appendix which contains sample forms and precedents.

The book is up to date as of 10 October 2018. The date of publication of the third edition is 20th February 2019.

Distinguished by its clarity and readability, this new and updated third edition of this classic text - noted for its authority and reliability - is an essential tool of reference. * Phillip Taylor MBE, Head of Chambers, and Elizabeth Taylor, Richmond Green Chamber *