The Right to Strike: (Oxford Labour Law)

The right to strike in Britain is one of the most important, albeit neglected, issues of modern labour law. It is also one of the most controversial, particularly since the dismissal of 5,500 workers at Wapping, which led not only to calls for law reform (and with it a greater degree of positive state intervention in industrial relations) but also to condemnation of the British government by the ILO. The Right to Strike concentrates on the hitherto neglected issue of the liability of union members and their families. It examines the effect of strikes and other industrial action on the contract of employment, the question of the payment of wages to those engaged in industrial action, and the social security implications of unemployment caused by trade disputes. The study also examines the position of striking workers under international law (focusing on the ILO and European Social Charter) and concludes by offering proposals for law reform.

Table of Contents:
Table of cases; Abbreviations; Introduction; Strikes and the Common Law; Industrial action and the payment of wages; Industrial action and unfair dismissal; Unemployment benefit: the trade dispute disqualification; Industrial action and social welfare; The social welfare tribunal in Ireland; Conclusion; Appendix 1. A note on litigation arising out of the ambulance workers' dispute 1989-90; Appendix 2. Poor law guardians and the General Strike; Bibliography; Index

Review :
`Keith Ewing makes a forceful contribution to the debate on alternative strategies in a study of the neglected area of the individual right to strike ... In different ways, Auerbach ("Legislating for Conflict") and Ewing illuminate key contemporary issues relevant to this unending debate.' Bob Simpson, Times Higher Education Supplement `The strengths of the book lie in the clear discussion of all aspects of the topic.' The Law Quarterly Review `this work is an important and scholarly contribution' Chartist 'Ewing's work is excellent in raising the questions which supporters of an individual right to strike have to answer and exposing the woefully inadequate answers currently given by the law in the United Kingdom.' Bob Simpson, London School of Economics, Northern Ireland Legal Quarterly, Vol. 42, No.4, Winter 1991 'an exhaustive statement of the various forms and sources of rule which affect an employee's right to take part in industrial action ... The book constitutes an important statement of the hazards and dangers which lie in wait for the employee contemplating industrial action.' Kenneth Miller, University of Strathclyde, Industrial Relations Journal 'this work is an important and scholarly contribution' John Sunderland, Chartist, Autumn 1991 'lucid and admirable book' Jack Barbash, University of Wisconsin-Madison, Industrial and Labor Relations Review