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When trade unions turn to litigation: ‘getting all the ducks in a row’

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  • Cécile Guillaume

Abstract

Driven by their members' demands and the need to adopt more combative legal strategies in order to oppose the deterioration of working and employment conditions, British trade unions have developed in‐house legal expertise and supported many individual and multiple claims. This article investigates the variation in unions' legal practices and examines their organisational responses to law and the role of compliance professionals in the regulation of employment litigation. It provides a nuanced account of the influence of legal rationality on the framing of union strategies and shows that, under certain conditions, trade unions are able to build multi‐pronged tactics by using litigation as a complement to other forms of action.

Suggested Citation

  • Cécile Guillaume, 2018. "When trade unions turn to litigation: ‘getting all the ducks in a row’," Industrial Relations Journal, Wiley Blackwell, vol. 49(3), pages 227-241, May.
    • Handle: RePEc:bla:indrel:v:49:y:2018:i:3:p:227-241
    DOI: 10.1111/irj.12212
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    References listed on IDEAS

    as
    1. Cécile Guillaume, 2015. "Understanding the variations of unions’ litigation strategies to promote equal pay: reflection on the British case," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 39(2), pages 363-379.
    2. Linda Dickens, 2014. "The Coalition government's reforms to employment tribunals and statutory employment rights—echoes of the past," Industrial Relations Journal, Wiley Blackwell, vol. 45(3), pages 234-249, May.
    3. Simon Deakin & Sarah Fraser Butlin & Colm McLaughlin & Aleksandra Polanska, 2015. "Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 39(2), pages 381-403.
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