Question

What is industrial action, and what makes a strike lawful?

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Answer

Collective action by workers to put pressure on an employer — and in the UK it is lawful only where a detailed set of statutory requirements has been met, any one of which can render it unlawful.

The forms it takes: a strike, withdrawing labour entirely; action short of a strike, such as working to rule, refusing overtime, or an overtime ban; and work to rule, performing only contractual duties precisely.

The legal position, which is frequently misstated. There is no positive right to strike in UK law in the way there is in some countries. Instead, a union organising industrial action would ordinarily be liable for inducing breach of contract — and the law provides immunity from that liability where specified conditions are met. So the question is not whether there is a right but whether the immunity applies.

What is required for immunity:

A trade dispute between workers and their own employer, about specified matters including terms and conditions, engagement or dismissal, allocation of work, discipline, and negotiating machinery. Political strikes and secondary action — action against a different employer — are not protected.

A properly conducted postal ballot, with statutory notice to the employer, an independent scrutineer where required, and prescribed information on the ballot paper including the matters in dispute and the type of action.

Turnout thresholds. At least 50% turnout is required, and in important public services an additional requirement that at least 40% of those entitled to vote support the action — not 40% of those voting.

Notice to the employer of the ballot and of the action itself, within prescribed periods.

A ballot mandate expires, so action must take place within a defined window.

What protection individuals have. Dismissal for taking protected industrial action is automatically unfair for a protected period, subject to conditions.

What employers may do: withhold pay for days not worked, which is lawful and routine; and, following recent legislative changes, engage agency workers to cover — a change that has been legally contested.

Picketing is subject to its own rules on numbers, location and conduct.

General information, not legal advice.

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