Taking industrial action - a legal guide

Knowledge of the law of industrial action is vital for trade unionists as the consequences of a failure to observe the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 when going out on strike are severe. This booklet is designed to present to union reps the relevant information about taking industrial action so that the process is clearly understood.

Introduction (514 words)

Evidence of state interference with workers’ attempts to join together and improve their pay and conditions dates back to the Statute of Labourers 1351 . The motivation has been both economic (to prevent workers negotiating terms which are more costly for employers) and political (to prevent workers forming ...

1. The law — basic principles and definitions (600 words)

The law is created in two ways: statutory law or legislation (statutes) is made by Parliament passing Acts of Parliament. Common law is made by judges in courts of law. The judge gives a decision in a particular case and his/her reason for that decision. Authoritative precedents (which in turn influence later cases). Statutes can override the common law. ...

2. Immunities (1714 words)

Tort law is a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations and is not ...

3. Balloting (2679 words)

In 2005, the Department for Trade and Industry (now BIS — the Department for Business, Innovation and Skills) produced an updated version of its Code of Practice on Industrial Action Ballots and Notice to Employers . A copy of the Code is available at www.berr.gov.uk/files/file18013.pdf . ...

4. Taking industrial action (847 words)

At least seven days before it starts, the union must take reasonable steps to give the employer proper official notice of the intention to Trade Union and Labour Relations (Consolidation) Act 1992 ( TULRCA), the notice must include information that the union holds that will enable the employer to plan for the industrial action and to lawfully ...

5. Halting industrial action (828 words)

The four-week rule for commencing industrial action does not prevent a union from suspending action and then re-imposing it ( Monsanto v TGWU [1986] IRLR 406 ). However, the gap between the suspension and re-imposition of the action should not be too long, or indicate a change in tactics by Post Office v UCW [1990] IRLR 143 ). ...

6. Injunctions (375 words)

The injunction (interdict in Scotland) is the most popular legal remedy sought by employers. An injunction is a court order to do or to ...

7. Who can sue (542 words)

The law is intended to assist the employer (or a customer or supplier of the employer) to take legal action against trade unions, strike ...

8. Dismissal (820 words)

The law governing dismissals during industrial action is found in sections 237-238 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). The first key issue is whether the action was official (i.e. the union authorised or endorsed it) or unofficial. ...

9. Picketing (1093 words)

Picketing is where employees encourage others (in breach of their contracts) not to attend work during a trade dispute. Section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 ( TULRCA) gives statutory immunity to some individuals, but only where the picketing is in order to peacefully: ...

10. Effect on terms and conditions and benefits (975 words)

Going on strike will not result in a breach in an individual’s continuity of employment (section 216 Employment Rights Act 1996 (ERA)). Neither will being locked out from work break continuity. However, the period on strike (and any period locked out) will not add to ...

Checklist (342 words)

The requirements for a trade dispute potentially covered by immunity from tort claims are that the dispute: ...

Further information (283 words)

Throughout the booklet references have been made to the relevant statutes. Copies of these can be obtained online from the Office for Public Sector www.opsi.gov.uk . In Northern Ireland, legislation is available online from the Labour Relations Agency website at: www.lra.org.uk . Legislation is also available at: www.statutelaw.gov.uk . ...