If your business faces industrial action
Lawful industrial action
Trade unions only have statutory immunity if the industrial action is lawful. Statutory immunity means that trade unions and their members are protected from legal action in civil law.
There’s no legal immunity in criminal law for strikers or organisers who break the law - for example, by intentionally damaging property or trespassing.
When industrial action is lawful
There must be:
- a trade dispute (a dispute between you and your workers about employment-related issues)
- a properly-conducted industrial action ballot
- a written notice of industrial action sent to you
The industrial action must not:
- be secondary action - for example, action taken by workers whose employer is not involved in the trade dispute
- be in support of an employee dismissed for taking unofficial industrial action
- promote closed-shop practices (such as when employers agree to employ only union members) or enforce trade union membership against non-union firms
- involve unlawful picketing
Download ‘Industrial action and the law’ for more about statutory conditions (PDF, 131KB)
Download ‘The Code of Practice on industrial action ballots’ for the rules on ballots (PDF, 193KB)
When civil proceedings can take place
If the union or individuals do not follow these conditions, they do not have statutory immunity. This means that you and anyone else affected by the industrial action can take civil proceedings in the courts as long as all the following apply:
- an unlawful, unprotected act has happened or been threatened
- the action breaks a contract that you’re a party to
- you’ve suffered, or are likely to suffer, loss as a result