Explanation:

Trade Union Liability and Immunity

Industrial action is likely to be unlawful at common law because the people that organise the action will almost invariably commit at least one tort (a breach of legal duty, other than under a contract). For instance, they are likely to commit the tort of inducement when encouraging individuals to breach their contract of employment, and the tort of intimidation when they threaten industrial action that will lead to a breach of contract. Trade unions would, therefore, be exposed to claims for damages from employers and others that have suffered a loss as a result of the unlawful action and to an application for an interim injunction to halt the action. There is an additional statutory right for individuals to seek an order to halt industrial action, irrespective of whether they have suffered a loss. However, in recognising the legitimate role of industrial action in collective bargaining, Parliament has introduced measures that provide a degree of protection from liability for trade unions, subject to a series of complicated and often contentious qualifications.