Expert warns leaders could face court challenge if strikes are purely political

Published on Monday 13 September 2010 17:23

A LEADING Scottish employment law expert has warned that union leaders could break the law if they turn their proposed strikes into a campaign of direct action against the coalition government.

Lynne Marr, of Edinburgh law firm Brodie's, said union bosses would have to show that any action planned on combating the cuts was directly related to pay and conditions and not simply opposition to government reforms.

Her comments came as union leaders at the TUC conference in Manchester made it clear that they intended to co-ordinate their action and threatened waves of strikes

Ms Marr pointed out that recent disputes between British Airways and Unite, where one proposed action was temporarily stopped by the courts before this was reversed on appeal, showed unions have to meet complex conditions for a strike to go ahead.

Just before the election, a proposed strike by the RMT union was also blocked.

"It is illegal to hold a strike for political reasons," said Ms Marr. "Obviously the unions will have to show that they are industrial action for the correct reasons.

"This will, for example, mean that secondary action in support of another group cannot take place, which could be a problem if the unions plan to take co-ordinated action."

But she added that, because of the nature of the coalition's proposed cuts and the way they are likely to hit most parts of the public sector, union leaders may not have as many problems in co-ordinating their action.

"In some ways it should not be difficult for the unions to make a case that action is based on pay and conditions, if the cuts are going to be as great as believed," she said.

Ms Marr also said the law may be tested with groups which are currently unable to strike, such as the police.

The coalition has said it will try to widen the group of public sector workers barred from striking, but Ms Marr suggested that this could end up with a challenge in the courts.