Injunctions as a legal weapon in collective industrial disputes in Britain, 2005-2014

Abstract

This article examines the frequency, nature and outcomes of employers seeking injunctions against strikes and industrial action mounted by unions between 2005 and 2014. The number of actual and threatened applications continues to be relatively high compared with the previous period when strike levels were significantly higher, with employers continuing to gain overwhelmingly successful outcomes. Yet usage is increasingly concentrated in a small number of industrial sectors, suggesting the notion of ‘strike effectiveness’ provides the best means by which to explain their relative frequency and presence. Comparative analysis with Ireland highlights the specificity of the nature of British legal regulation of employer seeking injunctive relief.