The unions could face a further clampdown on their activities if
industrial unrest spirals next year, a leading lawyer has
cautioned.
Nick Jew, employment partner in the Birmingham office of DLA
Piper, posted the warning as part of the firm's Employment Review
of the Year and preview of what to expect in 2011.
Noting that industrial action was currently a high-profile
issue, he said: "Although the number of days lost has been lower
overall in 2010 than in 2009, strikes in the telecommunications and
transport industries caused widespread disruption and gave rise to
some complex legal issues.
"The Royal Mail dispute, which was settled in March with
agreement on a pay deal, raised questions regarding the extent to
which employers can use agency workers to minimise the impact of
industrial action.
"In British Airways' dispute with cabin crew, the UK's
complicated laws on industrial action ballots came under scrutiny
again.
"As the Government's public spending cuts start to take effect,
it seems likely there will be further industrial unrest in 2011 and
the Government may come under pressure to restrict the unions'
ability to take action still further."
BA and Unite, he pointed out, would be back at the High Court in
March for the hearing of the former's damages claim against the
union in relation to the strike action. BA will seek to argue that
the Court of Appeal was wrong to overturn an injunction preventing
the strike action from going ahead.
And Mr Jew said 2011 had the potential to be a year of
"significant upheaval" on the employment law front.
"The Government is undertaking a widespread review of
legislation with the aim of reducing the regulatory burden on
business.
"As part of this, the Department of Business, Innovation and
Skills is expected to commence a consultation on a potentially
major review of employment laws in early 2011.
"Although certain matters have already been targeted, with, for
example, BIS announcing a review of the right to request time off
for study and training, exactly which elements of employment
regulation will change remains to be seen.
"Early rumours have hinted at, for example, an increase to the
unfair dismissal qualifying period from one to two years and the
abolition of the Two Tier Code which protects public sector
employees on a transfer to private sector employment."
But no firm proposals had yet been formulated.