organising and going on strike is regarded in law as a prima facie wrongdoing against the employer, rather than as an expression of the fundamental human right of workers to defend their interests through collective action. So long as this is the case, the burden will remain on unions and workers seeking to defend their interest to show that they enjoy an immunity, on top of all the other challenges of organising a successful strike against ever more powerful and well-resourced employers…”
(from ‘K Arabadjieva, ‘Royal Mail Group Ltd v Communication Workers Union (CWU): injunctions preventing industrial action and the right to strike’, UK Labour Law Blog, 6 March 2020, available at https://wordpress.com/view/uklabourlawblog.com)
In the light of Ms Arabadjieva’s observations, examine and critically comment on the current UK law relating to industrial action, with particular reference to the so-called ‘right to strike’.
(You should give a very brief historical overview of the development of collective labour law and a detailed analysis of the current legal position regarding industrial action and the ‘right to strike.’)
You should refer to relevant case law, legislation and international agreements where appropriate.
