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Public Sector Pay Cap

Illegal Strikes and Political Obligation – What Reasons Do We Have To Obey The Law?

The issue of public sector pay rises has been at the forefront of political discussions in the UK in recent months. The controversy can be traced back to at least 2013, when the government placed a 1% limit on such pay rises, a figure that falls below recent levels of inflation, meaning that the cap has made public sector workers financially worse off in real terms. Earlier last week, the government announced that it would allow ministers some flexibility to breach this limit, as well as announcing small rises in the pay of some public sector workers. However, critics have labelled these measures as divisive and insufficient.

Len McCluskey, the leader of the Unite union in the UK, has recently added to this controversy when he told a BBC interviewer that he would be willing to back illegal strike action in order to oppose the cap on public sector pay rises. Under legislation introduced last year, legal industrial strike action in the UK public sector now requires the support of at least 40% of all those entitled to vote in the relevant ballot. Moreover, the ballot itself must also have at least 50% turnout in order to be valid. In his interview, McCluskey intimated that he would support strikes that did not meet this second condition. In turn, this has led commentators to call on Jeremy Corbyn, the leader of the opposition, to clarify whether he too would support illegal strikes.

I do not intend to address the moral and economic considerations involved in the question of the amount that a fair society should pay to its public sector workers. Rather, I shall be interested in the nature of the reasons that we may have to obey laws we disagree with, and the implications that our answer to this question may have for whether we should support illegal strikes of this sort.

 

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