A Guide to Industrial Action and Strikes

When employees feel as though their working conditions are unacceptable, that changes within the workplace have been unfair or that they are not being adequately compensated for their efforts, they may consider taking industrial action or going on strike.

Industrial action is when workers either refuse to work until changes are made or take different action such as not working overtime in order to force their employer to take them seriously.

The guide below explains industrial action and strikes more thoroughly, outlining when workers might take this step, what employee rights are during industrial action, what a company can do in response and where additional support can be found.

When does industrial action happen?

When trade union members are in a dispute with their employers, they may opt for industrial action if previous attempts at negotiating have failed.

Trade unions can only call industrial action when the majority of its members agree and this is done through a formal postal vote, referred to as a 'ballot'.

Before the ballot is organised, the union must decide which workers are affected in the dispute and who they want to ask to take action. They must also communicate to all members the results of the ballot.

The union will tell the members and the employer what action they will be taking and when. This communication should be made by a trade union official or by a committee who is legally authorised to do so.

How is a ballot organised?

When a trade union organises a ballot for industrial action, it must meet specific criteria. This includes:

• The ballot must be supervised by a 'scrutineer', who is a qualified independent person that usually works for a company such as the Electoral Reform Society. This must be done if more than 50 workers are being balloted.
• The ballot must be completed prior to the union asking any worker to take action.
• All members of the union must have the ballot opened to them.
• The ballot must be conducted through the post and requires each worker to mark their choice on the voting paper and return to the union in a prepaid envelope.
• The ballot must have clear information about why the action is being considered and how the members should return their vote.
• All members should be told of the results of the ballot.
• The union must give the employer at least a week's notice of the start of the ballot and they must share the results of the ballot as soon as possible after they are confirmed.

What will the voting paper ask when I'm balloted?

If you are balloted, your voting paper will ask you whether you want to take part in the industrial action. This will ask whether you want to take strike action or action short of a strike (such as refusing to work overtime, for example).

You can answer 'yes' to both action options and if the majority of responses have 'yes' to both, the union can decide which action should be taken.

Can I make a complaint about a ballot?

You are entitled to apply for a court order if you believe that your union has broken the rules on industrial action balloting. It is advisable to seek legal advice before doing so.

If a court agrees that the union has broken the rules, they might order the union to cease any industrial action.

What are my rights when taking industrial action?

As a trade union member, your rights during industrial action should be clearly communicated to you by the union. For example, you have the right to vote before a decision being made by the union to enter into industrial action. What's more, you have the right to decline to be part of the action if you want to and your union cannot take disciplinary action against you for this.

As a union member, you have the right to take part in industrial action and your employer cannot legally force you to go back to work, or stay at work unless the ballot wasn't organised as it should have been.

When you take industrial action, you are likely to breach the terms of your employment contract and so your employer could decide to not pay you for the work that you haven't completed whilst taking part in the action and they could sue you for breach of your contract.

Usually, your union will negotiate a period of the strike to have an impact that enforces your message to your employer, but also to minimise the risk to you as an employee.

Can I go on strike to support someone else?

'Secondary action' refers to going on strike through sympathy with people who work for a different employer than you. This is illegal and you should not do it.

Can I be dismissed for taking part in industrial action?

Your employer cannot dismiss you from taking part in industrial action if:

• The action is called following a properly organised ballot.
• The action is about a dispute between you and your employer (such as an argument about the terms and conditions of your employment).
• The employer was given a detailed notice of the action at least 7 days in advance of its beginning.

If your employer dismisses you for taking industrial action when you have abided by all of the official procedures, you may be entitled to make a claim of unfair dismissal against them in an employment tribunal.

If after 12 weeks, you take industrial action and your employer has tried to resolve the dispute, they may have a lawful reason to dismiss you. The times at which you could be dismissed for taking part in industrial action include:

• If the union didn't hold a properly organised ballot.
• The employer wasn't given information about which balloting members were taking part and if insufficient notice was given to the employer.
• If action is called by someone unauthorised to do so.
• Any parts of industrial action laws were broken through the action.
• If the action supports only employing union members

If your employer dismisses you because you took part in industrial action on any of the above grounds, you may still be able to claim unfair dismissal if all other employees taking part are also dismissed.

What does it mean to go on strike or picket?

A strike is when you stop working until your employer shows flexibility on your requests. A picket line is where employers and union representatives, known as picketers or pickets, stand outside the place of work and talk to passersby about why they are striking.

Although picket lines can be lawful if organised properly, anyone striking in this way needs to abide by the law. Picketers are not allowed to prevent other members of staff from going in to work if they want to. It is also a criminal offence for picketers to:

• Be threatening or abusive to people walking past them.
• To block vehicles from entering the workplace.
• To damage property.
• To carry weapons.
• To obstruct or block roads near the picket line.
• Being a noise nuisance

What are 'Flying Pickets'?

Flying pickets is the name given to groups of striking workers who move between workplaces to picket. They are usually not legal because you can only picket at your own workplace. However, trade union representatives can picket on different picket lines at different workplaces, if they are responsible for organising the picketers from that workplace.