The Right to Strike (2)

I previously wrote a piece about the right to strike here: - http://morrishsolicitors.blogspot.com/2009/12/right-to-strike.html

It seemed appropriate to look at it again now that Lord Adonis and Gordon Brown have commented on the BA dispute.

I cannot help but wonder - What does an employee do if his or her employer announces that all benefits that the employee enjoyed, and agreed to when they signed the contract of employment, will vanish or be cut dramatically? Add into this a clear refusal by the employer to discuss their intentions and/or try to reach a compromise.

If negotiations fail an employee has two choices – accept the poorer terms, or leave. People often, mistakenly, take the view that the employee can claim constructive dismissal in such circumstances. That is not easy and an employer can argue that “business needs” make the changes and therefore the dismissal fair. The individual who takes that step is left with no job, no income and is taking their chances against a Company that can afford to pay huge sums of money to its lawyers to defend such a claim. Hardly a level playing field.

There is no “my employer can’t do that” or “that’s just not fair” law. (Maybe if there was strike action would not need to be used.) Instead, the only remedy is collective action.

But, what if the employees’ actions damage the “brand” and they ultimately end up out of work? Well, those employees will move to the competitors who are paying the lower rate that they are resisting. What do they have to lose?

I remain baffled as to why the employees and the Union have been turned into the “bad guys” in the dispute with BA. These are not employees seeking improved pay and conditions but instead are trying to prevent unilateral changes being forced through by the Company.

For further information, please contact our Employment Rights department on 0113 2450733.