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The Legality of ... Strikes & Protests.

Strike action is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. A protest is somewhat similar, but generally as a result of political policy and legislation. People take to the streets, boycott and project their grievances.


Strikes.

The Strikes (Minimum Service Levels Bill) has been fiercly debated amongst the public, lobbying groups and now the Joint Committee has spoken out against the controversial Bill. The committe has warned that the proposed Bill is in direct contradiction with the European Convention on Human Rights (Art.11). It is important to note here that the ECHO is not an EU law and is not subject to change due to Brexit. We reviewed the Bill earlier this year.


There are a lot of strikes happening throughout the UK at the moment and in recent weeks, some more disruptive and controversial than others. From Trains to Amazon, Tesla to Teachers, Strikes are a method by which people express their beliefs and opinions.


There are two main types of strikes in the UK:

  1. Strike Action.

  2. Other Action Short of a Strike, such as refusing overtime.


Organising a Strike.

Industrial action happens when trade union members are in a dispute with their employers that can’t be solved through negotiations. It looks after workers interests by doing things like: negotiating agreements with employers on pay and conditions, discussing big changes, and discussing members' concerns with employers.


A trade union can only call for industrial action if a majority of its members involved support it in a properly organised postal vote - called a ‘ballot’, before doing so a union must decide which members affected by a dispute it wants to ask to take industrial action. It must tell all members entitled to vote and the employer what the ballot results were.


Legality.

You have the right to take industrial action and you can’t be legally forced to stay at, or go back to, work (unless a ballot wasn’t organised properly). If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer:

  • is unlikely to pay for the work you didn’t do when you took industrial action.

  • can sue you for breaking your contract.


You cannot be dismissed for industrial action if:

  • it is called as a result of a properly organised ballot.

  • it is about a trade dispute between workers and their employer.

  • a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins.


You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began. Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action.


Kirsty O’connor | Pa Images | Getty Images


Protests.

A protest is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one. Recently, people have protested over the Government's position on the Israel / Palestine conflict, other protests have been held by groups such as Just Stop Oil and Extinction Rebellion, these groups also strike in an effort to influence Government policy.


Organising a Protest.

If you are planning on organising a march, you must let the police know 6 days in advance. You will need to inform them of the date and time of the march, your proposed route and contact details of the organisers. In response, the police have the right to limit or change the route of your proposed march and they may set certain conditions. They may also change the location and limit how long your rally lasts or how many people attend. If an organiser does not comply with these requirements, any conditions imposed by the police or encourages others to not comply, they will be guilty of an offence and may be issued a fine of £100 for a first offence. This amount will double with any subsequent offence.


Legality.

It should be completely legal and achievable for any person(s) to protest in a well-established democracy. Speaking ahead of Armistace Day Prime Minister Rishi Sunak released a statement following a meeting with the Metropolitan Police Commissioner, Sir Mark Rowley.


The Prime Minister said: part of the freedom gained by those who died in war, is "the right to peacefully protest. The test of that freedom is whether our commitment to it can survive the discomfort and frustration of those who seek to use it, even if we disagree with them. We will meet that test and remain true to our principles".


Suella Braverman, then Home Secretary, seemed to be in disagreement with her boss, describing the marches as "assertion of primacy by certain groups... of the kind we are more used to seeing in Northern Ireland". Ms Braverman also attacked the police by saying that right-wing protestors"rightly met with a stern response", while "pro-Palestinian mobs" were "largely ignored".


Many saw the statements made by Ms Braverman as a tool to incite riots, counter-protestors made for London and the Cenotaph and clashed with pro-Palestinian protestors resulting in multiple arrests and cautions; along with multiple calls for Suella Braveman to be sacked as Home Secretary.


In May the Met Police made numerous arrests of Anti-Monarchy protestors, they arrested the leader of anti-monarchy group Republic was arrested. The Met confirmed that four people were arrested on suspicion of conspiracy to cause a public nuisance on St Martin's Lane and that lock-on devices were seized.


The Police had 6 days notice of the planned protest, and had agreed that it would proceed. On the Wednesday prior, the Met said that it would have an "extremely low threshold" for protests during the coronation celebrations, and that demonstrators could expect "swift action".


"The reports of people being arrested for peacefully protesting the coronation are incredibly alarming," said Human Rights Watch UK director Yasmine Ahmed. "This is something you would expect to see in Moscow, not London."


Whether a person agrees with the sentiments of a few people, or not, protesting should be legal and accessible under controlled and safe circumstances. The Police have a level of discretion to determine the appropriate response to the situation presented. This is difficult for the individual Police officer to decide, which is why mistakes are often made.





Alejandro Garcia | EPA

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