Chapter 12 Outline answers to essay questions

Chapter 12 Outline answers to essay questions

Trade unions: recognition, collective bargaining, and industrial action

'The statutory controls on trade unions are necessary to make sure that they do not take industrial action too easily and damage the economy.'

Critically evaluate this proposition.

  • There are other controls on trade unions that are not mentioned in this brief chapter. It may be that your module includes consideration of the statutory rules on union membership, elections, and post holders. If this is so, then clearly you would need to include that material.
  • Otherwise, you need to concentrate on showing that you understand the controls that are mentioned in this chapter, namely those concerned with ballots prior to industrial action, notices of industrial action and the limits on what constitutes a trade dispute, as in s 244 TULRCA. You will need to emphasise the detailed nature of these controls and discuss their effect. One result, of course, is that ballots etc take time, so trade unions find it difficult to take instant action. You may regard this as a good or a bad measure and considered views are always welcome in answers.
  • You can, for the purpose of balance, also consider the protection given to trade unionists and the right to disclosure of information, albeit a limited right.
  • For more examination material you should read Questions and Answers Employment Law 2018by Roseanne Russell, published by Oxford University Press. 
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