Unfinished business – thereform of strike legislation in Britain

Abstract

Employment legislation regulating industrial action introduced to Britain between 1980 and 1993 by Conservative governments has substantially endured under Britain’s New Labour administration. Re‐examining the legislation affirms that it restricts fundamental union purposes and traditional forms of action. A review of the case law and the legislation’s impact on strikes in the late 1990s suggests that its influence continues to be felt. The State and capital remain firmly opposed to the significant changes in the legislation which the TUC demands. Pursuing a strategy of social partnership that requires a posture of moderation, some union leaders aspire to a “strike‐free” Britain. This has substantially inhibited union campaigning for legislative change. Rejecting industrial action on which collective strength ultimately depends and the necessary legal protection may, in reality, sustain rather than transcend the unions’ present lack of power. Alternative approaches to power‐building, calculative militancy and membership mobilization demand attention from trade unionists.