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Legal change and legal mobilisation: what does strategic litigation mean for workers and trade unions?

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Article

Dukes, Ruth ; Kirk, Eleanor

Social & Legal Studies

2023

33

4

479-500

trade union ; social mobilization ; self employed ; trade union role ; labour dispute

United Kingdom

Trade unionism

https://doi.org/10.1177/09646639231204942

English

Bibliogr.

"This article addresses the question of what strategic litigation means for workers and trade unions. Drawing on the existing literature and on a series of semi-structured interviews with union officials, lawyers with experience in representing them and other actors from across the labour movement, it explores how U.K. trade unions and actors within them understand and experience strategic litigation and legal mobilisation, what they seek to achieve, and what has been effective and ineffective for them. Uncovering both differences and commonalities between different unions, it suggests that the decision to devote union resources to – usually very costly – litigation is never taken lightly. Trade union approaches to strategic litigation involve neither a straightforward embrace of it nor an outright scepticism regarding its potential."

This work is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/).

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