Taking industrial action
Forms of industrial action
Industrial action is most likely to arise when a workplace dispute is unable to be resolved through negotiation and generally involves the employer or employee taking steps to prevent the other from working or carrying on their business. Involvement in industrial action constitutes a prima facie breach of contract and thus anyone intending to become involved in it should look carefully at the law and consider their actions before doing so.
Introduction
Industrial action generally takes one of three forms:
- a strike - this occurs where workers refuse to work for their employer
- go-slows - this includes working to rule, go slows and overtime bans
- lock-outs - where the employer prevents the employees from working - for example by excluding them from the place of work
Where the industrial action has been backed by the union and union members are taking part in it, then it will regarded as official, and, provided that your union has taken the correct steps when organising it, you will be protected from being dismissed for taking part. You are unlikely to be paid, however.
Taking industrial action
Industrial action should be regarded as something which you do only as a last resort and only where other means for resolving the dispute have failed. Normally, formal arrangements will be taken by your trade union to resolve matters and they may also bring in outside help in the form of Acas in order to help them achieve an agreed resolution.
However, if agreement cannot be reached then industrial action may be seen as necessary. It will be protected by law provided:
- the action is in relation to a trade dispute which occurs between employer and workers
- a secret postal ballot is held of those trade union members affected by the action and a majority of those who vote support the action
- the employer is given notice of the proposed industrial action at least seven days in advance
Note that you will not be protected if the industrial action is:
- unofficial - that is to say not supported by the trade union
- called by a trade union but has not been supported by a ballot of members
- in support of the workers of another employer - known as “secondary” industrial action
- intended to promote ‘union labour only’ practices
- in support of any employee dismissed for taking ‘unofficial action’
In the event that you do take part in industrial action you need to be aware that:
- you could lose your job
- you will be in breach of your contract and therefore unlikely to be paid
- you may lose your entitlement to benefits
- unless the correct procedures have been followed before commencing the industrial action, you may be dismissed and lose your right to unfair dismissal protection
Resisting industrial action
If you do not wish to do so, then you need not take part in industrial action even if the majority of your colleagues voted for it, and cannot be disciplined for it by your union. In the event that you are you can complaint to the Employment Tribunal.
Contact our Employment Law Solicitors on 084 4804 4800 for more information.
