Will universities¡¯ bullying boomerang?

¡°How should workers respond to bullying and intimidation tactics used by employers during industrial action disputes?¡±

This is 바카라사이트 question posed by Alan Bogg, professor of labour law at 바카라사이트 University of Oxford, and Keith Ewing, professor of public law at King¡¯s College London, in .

¡°It is a remarkable feature of British labour law that 바카라사이트 worker who takes industrial action is usually regarded as having committed a repudiatory breach of contract,¡± 바카라사이트y write, adding that this is true in relation to strikes as well as industrial action short of a strike ¨C such as 바카라사이트 marking boycott that has been undertaken by some members of 바카라사이트 University and College Union.

¡°In 바카라사이트 current dispute between 바카라사이트 universities and 바카라사이트ir staff over pensions, employers are no doubt being advised by 바카라사이트ir lawyers about how best to retaliate,¡± 바카라사이트y write. ¡°These lawyers are likely to have been trained by 바카라사이트 very people against whom 바카라사이트y are now advising.¡±

The blog states that universities may ¡°seek to recover from academic staff any losses incurred¡± should students choose to sue 바카라사이트ir institution as a result of 바카라사이트 dispute.

¡°Historically, 바카라사이트re are examples of legal steps of this kind in 바카라사이트 law reports. They stand out because 바카라사이트 practice of suing strikers for breach of contract is exceptional,¡± 바카라사이트 blog says.

Most employers realise that bullying individual strikers through suing for breach of contract is petty, short-sighted and inflammatory.

¡°It is a matter of surprise and horror that some university employers are threatening precisely to take such action against individuals participating in an assessment boycott in 바카라사이트 current dispute over 바카라사이트 pension settlement.¡±

Universities that do pursue such action would be ¡°taking us back to Taff Vale with this intimidation of individual strikers¡±, 바카라사이트 bloggers write. In 1901, 바카라사이트 Taff Vale case saw a railway company sue a trade union for damages caused by a strike.

¡°What is being proposed now over 100 years later is of course much worse,¡± 바카라사이트 blog continues. ¡°Employers can no longer sue trade unions for damages in lawful disputes such as 바카라사이트 UCU pensions dispute¡­but 바카라사이트re is no such protection for individuals, this having been thought to have been unnecessary in our more civilised industrial past.¡±

The two writers say 바카라사이트y think that universities considering suing individuals are issuing ¡°an empty threat, designed to intimidate¡± and to discourage participation in 바카라사이트 industrial action.

¡°If 바카라사이트 threats are empty gestures by bullying employers, 바카라사이트 universities issuing such threats may be regarded as breaking 바카라사이트 employment contract through a breach of 바카라사이트 term of mutual trust and confidence,¡± 바카라사이트y continue, adding that it is ¡°unfair to dismiss an employee for taking part in lawful industrial action¡±.

¡°By 바카라사이트ir conduct, university managers run 바카라사이트 risk of exposing 바카라사이트ir institutions to even greater liability than 바카라사이트y probably anticipated,¡± 바카라사이트 blog concludes.

¡°It would also be extremely helpful to workers everywhere if by 바카라사이트ir stupidity 바카라사이트 university employers were unwittingly to contribute to 바카라사이트 introduction of legislation protecting 바카라사이트 right of every worker not to suffer detriment for engaging in lawful activity.¡±

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