Charged - "Fitwatchers" arrested at STWC March, March 15. Update
defendant | 17.06.2008 13:08 | Repression | Social Struggles | London | World
Having been arrested under Sec 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 for "intimidation or annoyance by violence or otherwise" towards the FIT team, 3 of the 4 arrestees have now been charged with the less obscure charge of Obstruct Police.
Original article -
http://www.indymedia.org.uk/en/2008/03/393970.html
As stated in the above link, on the 15th March 2008, at the STWC anti-war demonstration in Trafalgar Square, 4 people were arrested under the Trade Union and Labour Relations (Consolidation) Act 1992 for allegedly encouraging employees (Metropolitan FIT team) from carrying out their awful work. This was seen as a breach of the Trade Union Act as the correct union proceedures had not been followed.
As one arrestee was being booked into the City of London police station, a custody sergeant stated:
"This isn't going to work... Even if they get found guilty of this, it's just going to go to judicial review and we won't be able to use it anymore. They'll only be able to arrest once under this act. We might as well just drop it now."
Despite the fact that the police at the time did not feel it was possible to arrest the 4 for obstruction, the charge has been changed to obstruction of police. It occurs to the author of this article that this leaves the way open for further misinterpretations and abuse of Sec 241 in the future.
http://www.indymedia.org.uk/en/2008/03/393970.html As stated in the above link, on the 15th March 2008, at the STWC anti-war demonstration in Trafalgar Square, 4 people were arrested under the Trade Union and Labour Relations (Consolidation) Act 1992 for allegedly encouraging employees (Metropolitan FIT team) from carrying out their awful work. This was seen as a breach of the Trade Union Act as the correct union proceedures had not been followed.
As one arrestee was being booked into the City of London police station, a custody sergeant stated:
"This isn't going to work... Even if they get found guilty of this, it's just going to go to judicial review and we won't be able to use it anymore. They'll only be able to arrest once under this act. We might as well just drop it now."
Despite the fact that the police at the time did not feel it was possible to arrest the 4 for obstruction, the charge has been changed to obstruction of police. It occurs to the author of this article that this leaves the way open for further misinterpretations and abuse of Sec 241 in the future.
defendant
Additions
Sec 241 TULRCA / Obstruct PC
17.06.2008 23:31
is designed to protect scab labour:
http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=2357720
Obstruct PC does not have case law behind it to cover this situation, the case law is very much in the Fitwatcher's favour.
http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=2357720 Obstruct PC does not have case law behind it to cover this situation, the case law is very much in the Fitwatcher's favour.
ACAB
Comments
Hide the following 8 comments
it also occurs to the author...
17.06.2008 13:20
However true the original statement may be, the author actually intended to write "carrying out their lawful work", not, as stated, "awful"
defendant
Fraud would be proud
17.06.2008 14:01
slip
When you in court?
17.06.2008 14:58
bandana man
giving pleas
17.06.2008 19:06
glad i amused you with my crap proof-reading skills :)
defendant
so are FIT unionists?
17.06.2008 20:11
uk exiles
241?
17.06.2008 21:27
sounds like someone upstairs thourght that one up, although the Police do have a union (the federation), I think that the act covers ALL workers not just those in a TU, I think it was brought in to prevent strong arming of workers into a course of action.
Will do some checking.
Obstruction sounds a much more solid charge and has case law behind it, anyway good luck!
Harry Purvis
Trade Union & Labour Relations Act 1992
22.06.2008 23:21
280. Police service. —
(1) In this Act employee or worker does not include a person in police service; and the provisions of sections 137 and 138 (rights in relation to trade union membership: access to employment) do not apply in relation to police service.
(2) Police service means service as a member of any constabulary maintained by virtue of an enactment, or in any other capacity by virtue of which a person has the powers or privileges of a constable.
See:
Barry
pleas entered...
23.06.2008 15:04
brown