The Labour Relations Agency is established under Part XI of the Industrial Relations (Northern Ireland) Order 1992. The duty of the Agency is to promote the improvement of industrial relations. It may be conferred with functions under statute. Where the Agency apprehends that a trade dispute may occur, it may take steps, as it considers […]
A trade union is an organization primarily comprised of workers of a particular type. Its primary purpose is to regulate the relationship between employees of that type and their employers or employers’ associations. A trade union can be made up entirely or predominantly of constituent and affiliated organizations that meet the specified conditions, or it […]
If proceedings are brought against a trade union for a civil wrong/tort on the ground that they induced another to break a contract or interfered with another person in the performance of a contract, or threatened that a contract would be broken or its performance interfered with, or that the union induced another to do […]
A collective agreement is presumed not to have been intended to be a legally enforceable contract. However, if the agreement is in writing and contains a provision, however expressed, that it is intended to be legally binding, then it is so enforceable. If parts are intended to be legally enforceable, then the parts are presumed […]
The Trade Union and Labour Relations (Northern Ireland) Order 1995 Trade unions must compile and maintain registers of their members with their names and addresses. They must be kept up-to-date. The records may be kept electronically. Members are entitled to a copy of an entry in the register, on request. Upon failure, they may apply […]
Rules which seek to limit a person’s access to the court or require determination or conciliation under the union rules are limited in effect. If a member or former member of a trade union begins proceedings in court in relation to a matter to which the legislation applies, then if he has previously made a […]
There is a procedure for recognition of trade unions. A trade union seeking recognition may make a request. Only a trade union with a certificate of independence may request recognition. It is valid only if the employer or associated employers employ at least 21 workers or have done so within the previous 13 weeks. If, […]
There are statutory immunities in respect of industrial action provided the industrial action complies with certain conditions. In the absence of statutory immunities, employees, trade unions, and trade union officials may be subject to bringing a civil action in calling strikes and for actions taken in the course of a strike to discourse or dissuade […]
General The right to collective bargaining is a recognised part of the right to join a trade union protected under the Human Rights Act. There is a statutory mechanism whereby trade unions may seek recognition from employers. Where it is recognised for collective bargaining either voluntarily or under the statutory provisions, further statutory rights and […]
Ballot There is a requirement for a prior ballot to approve an industrial action. The requirements are complex and somewhat technical. At least seven days’ prior notice of the ballot must be given to the employer. The ballot paper must be furnished to it. The must be an independent scrutineer (with n exception for certain […]