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Honorary Professor in Labour Law
Profile
Professor John Hendy QC joined the Faculty in September 2011. He is a barrister and QC practicing from Old Square Chambers, Gray鈥檚 Inn, London. His core areas of specialisation and interest are industrial relations and contractual employment law.
The focus of his professional life has been the advancement and protection of trade union and workers鈥� rights. Indeed, he has been in most of the leading industrial action cases over the last 30 years from the key cases of听Duport Steels Ltd. v Sirs听[1980] I.C.R. 161 (HL);听Express Newspapers Ltd. v McShane听[1980] AC 672 (HL) and听Dimbleby & Sons Ltd v National Union of Journalists听[1984] ICR 386 (HL) in the 1980s to the most recent cases on the subject:听Metrobus Ltd v UNITE听[2010] 1 ICR 173 (CA);听British Airways v UNITE听(No.1) [2010] IRLR 423 (HC);听RMT v EDF Energy听[2010] EWCA Civ 173 (CA) (upholding [2010] IRLR 114 in the HC);听British Airways v UNITE听(No.2)[2010] ICR 1316 (CA);听Malone v British Airways听[2011] ICR 125 (CA);听RMT v Serco;听ASLEF v London & B鈥檋am Rly听[2011] IRLR 399 (CA). The last case has changed the landscape on industrial action law by making it significantly harder for employers to injunct unions from carrying out the democratic mandate of their members.
He has taken a number of important trade union rights cases to the European Court of Human Rights (UNISON v UK听[2002] IRLR 497 on the right to strike;听Wilson, Palmer etc v UK听[2002] IRLR 568 on the right to trade union representation; and听ASLEF v UK听[2007] IRLR 361 on trade union freedom to expel fascists).
Last year he drafted an application to the ECtHR on behalf of RMT challenging the leglislative bar on all forms of sympathetic industrial action, and this year has drafted four applications: one on behalf of UNITE鈥檚 cabin crew challenging the State鈥檚 failure to give protection against action short of dismissal for exercising the right to strike; one on behalf of the POA challenging the legislative prohibition on organising industrial action amongst prison officers; one on behalf of a member of UCATT blacklisted by reason of his trade union activities but unprotected by the Blacklisting Regulations (or any law); the fourth is on behalf of the NUJ, challenging the bar on 鈥榮econdary鈥� industrial action against a parent company which dictates employment terms to small subsidiaries. All seven cases concern trade union rights under Article 11.
He was one of the founder members of the Free Representation Unit which celebrates its 40th anniversary in 2012. Each year, including 2011, he raises money for FRU by sponsorship of his ride in a 110 km cycle race. He set up and worked full-time as Director of the Newham Rights Centre (a law centre in east London) from 1973-6.
He was Chair of the Employment Law Bar Association from 2003-5. He was Head of his Chambers from 1999-2008. He is a member of the Bar of New South Wales, a Fellow of the Royal Society of Medicine, a Fellow of the Institute of Advanced Legal Study, and a Bencher of Gray鈥檚 Inn.
He writes extensively on trade union rights, from a national, international, and human rights perspective.听
Other Interests听
John Hendy is Standing Counsel retained by 8 trade unions:
- Associated Society of Locomotive Engineers and Firemen
- Communication Workers鈥� Union
- National Union of Journalists
- National Union of Mineworkers
- National Union of Rail, Maritime and Transport Workers
- Prison Officers鈥� Association
- UNITE the Union
- University and College Union
John鈥檚 dedication is not confined to his professional life and in his unpaid time he fulfils the following positions:
- Visiting professor in the School of Law, King鈥檚 College, London
- Visiting professor in the Faculty of Law, University College, London
- President, International Centre for Trade Union Rights
- Chair, Institute of Employment Rights
- Secretary, United Campaign to Repeal the Anti-Union Laws
Research
Professor Hendy is researching in the following areas:
- Trade union rights and collective labour relations
- The contractual dimensions of the employment relationship
- International Labour Law
Publications
Labour Law 鈥� latest publications
- 鈥淎greement to Unilateral Variation! How far can the employer go to reserve the right to change terms and conditions?鈥� [2011] ILJ forthcoming (with F Reynold);
- 鈥淭he Dramatic Implications of Demir and Baykara鈥� [2010] 39 ILJ 2 (with KD Ewing);
- Liberty, Equality, Solidarity - A Manifesto for Trade Unionists, Institute of Employment Rights 2011 (with KD Ewing);
- Days of Action: the Legality of Protest Strikes against Government Cuts, Institute of Employment Rights 2011 (with KD Ewing);
Please see听听for a full list of John Hendy's publications.