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Industrial Law Journal 2009 38(3):245-277; doi:10.1093/indlaw/dwp013
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© Industrial Law Society; all rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org.

‘British Jobs for British Workers’: The Lindsey Oil Refinery Dispute and the Future of Local Labour Clauses in an Integrated EU Market

Catherine Barnard *


  Abstract

The Lindsey Oil Refinery dispute in the early Spring and Summer of 2009 raised issues about the posting of European Union workers to the UK to fulfil a contract on a multi-employer construction site at a time of high levels of unemployment in the UK construction industry and deepening recession. According to press reports, the dispute was resolved only with an agreement to hire at least 100 ‘British’ workers at the site. This raises questions as to the compatibility of the deal with Community law. This article looks first at the dispute at the Lindsey Oil Refinery and the legal issues raised. It then takes a step back to consider the broader question of the extent to which local hiring clauses can legitimately be included in procurement contracts.

* Trinity College, Cambridge, e-mail: csb24{at}cam.ac.uk. An earlier version of this paper was presented at the University of Michigan's International Law seminar series in March 2009.


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