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The Legal Mystification of Industrial Relations

The Legal Mystification of Industrial Relations Providing workers with rights to take strike andother forms of industrial action is an issue offundamental concern for trade unionists andeveryone involved in industrial relations. Naturally,debate focuses on what rights trade unions andtheir members should have and what limits if anyshould be imposed. The form in which such rightsare provided is seen often, at most, as a matterof secondary importance. In Britain, workers havenot been given positive rights to strike. Instead,legislation has provided unions and their memberswith immunities from the legal liabilities which theorganisation of industrial action involves, as a resultof developments in the law as made by the judges.The history of the system of immunities isexamined, and it is contended that there arepractical and, in particular, ideological advantagesto trade unionists in adopting a system of positiverights. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Employee Relations: An International Journal Emerald Publishing

The Legal Mystification of Industrial Relations

Welch, Roger
Employee Relations: An International Journal , Volume 13 (4): 7 – Apr 1, 1991
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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
0142-5455
DOI
10.1108/01425459110002079
Publisher site
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Abstract

Providing workers with rights to take strike andother forms of industrial action is an issue offundamental concern for trade unionists andeveryone involved in industrial relations. Naturally,debate focuses on what rights trade unions andtheir members should have and what limits if anyshould be imposed. The form in which such rightsare provided is seen often, at most, as a matterof secondary importance. In Britain, workers havenot been given positive rights to strike. Instead,legislation has provided unions and their memberswith immunities from the legal liabilities which theorganisation of industrial action involves, as a resultof developments in the law as made by the judges.The history of the system of immunities isexamined, and it is contended that there arepractical and, in particular, ideological advantagesto trade unionists in adopting a system of positiverights.

Journal

Employee Relations: An International Journal – Emerald Publishing

Published: Apr 1, 1991

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