Reflections on the Role of the Trade Union Lawyer

Abstract

The role of the lawyer acting for trade unions is constrained, of course, by his or her function and status. The lawyer may be confined to servicing legal needs largely unrelated to the fact that her client is a trade union. Such matters as property conveyancing, fleet car purchase, insurance claims, disputes over payment for and services bought in, insurance and the like are common to many organizations. On the other hand, the lawyer may have the opportunity of using her legal skills to advance directly the principal functions of a trade union. In so doing, the lawyer is likely to operate in one or more of four spheres of activity: – The lawyer may be an advisor and litigator on behalf of members of the union in the field of workers’ rights vis-à-vis employers (and sometimes in relation to members’ interactions with the police or other State or third parties). – She may be an advisor and litigator on behalf of the union in the field of trade union rights. – She may have a function as an educator of members and officers in relation to the law. – Finally, she may have a role in changing the law. This paper explores some aspects of these activities. I will illustrate some points by reference to cases in which I have appeared. This is not as immodest as it sounds since so many ended in defeat! In mitigation, however, I would, of course, say that the legal battlefield is naturally unfavourable to trade unions and that that characteristic disadvantage is multiplied when pursuing ground-breaking litigation. Trade Union Lawyers, Workers’ Rights, Trade Union Rights, Employment Tribunal, Employment Appeal Tribunal, Supreme Court, European Court of Human Rights