Industrial action is when workers: go on strike take other action, like refusing to do overtime (known as ‘action short of a strike’) Sometimes an employer may take their own action and stop their workers from working or coming back to work during a dispute. This is called a ‘lock-out’. Calling industrial action Industrial action happens when trade union members are in a dispute with their employers that cannot be solved through negotiations. A trade union can only call for industrial action if a majority of its members involved support it in a properly organised vote – called a ‘ballot’. Before organising a ballot, a union must decide which members affected by a dispute it wants to ask to take industrial action. A trade union calls industrial action by telling members and the employer when and how it will take place. Only a trade union official or committee with the legal right can do this, and they must be named on the voting papers or forms. The union must communicate the result of the ballot to: all union members entitled to vote the employer Taking part in industrial action - your rights If you’re a trade union member, you have the right to vote before your union asks you to take industrial action. You do not have to take part in industrial action and cannot be disciplined by your union if you do not. You can take part in industrial action no matter how you voted. If you get excluded or expelled from your union for not taking industrial action, you can complain to an employment tribunal . If you’re not a member of any union, you can still join industrial action called as a result of a properly organised ballot. You will have the same rights as union members not to be dismissed for taking action. If you’re a member of another union at the same workplace that has not called industrial action as a result of a properly organised ballot, you cannot take industrial action until your union has successfully balloted you. Secondary action It’s against the law to take part in ‘secondary action’ (going on strike in sympathy with people who work for a different employer).

Your union must hold a vote (a ‘ballot’) that’s properly organised according to legal rules. Properly organised ballots A ballot for industrial action must: use a permitted voting method - postal, electronic, hybrid or workplace voting be supervised by a qualified independent person (a ‘scrutineer’) appointed by the union if over 50 members are being balloted by post be supervised by a scrutineer if any number of members are being balloted via electronic, hybrid, or workplace voting methods be held before the union asks members to take or continue taking action be open to all members the union wants to take action include information on how to cast your vote The union must give the employer 7 days’ notice of the start of the ballot for industrial action. As soon as it can after the ballot, the union must also tell the employer and everyone entitled to vote: how many people were entitled to vote how many people voted the number of yes votes, no votes or spoiled votes whether the number of votes cast in the ballot is at least 50% of the number of people entitled to vote The union must give the employer 10 days’ notice of the start of the industrial action after a successful ballot. There’s practical guidance on these rules in the code of practice on industrial action ballots . Permitted ways of voting A ballot for industrial action can be done by: postal voting electronic voting hybrid voting (where a voter is given the option of returning a vote electronically or by post) workplace voting There is further information on these voting methods in the code of practice on electronic and workplace balloting . Questions on the voting paper When you’re balloted, your voting paper (or electronic voting form for an electronic ballot) must ask whether you want to take part in either (or both): strike action action short of a strike The union can only call on members to take action if both: a majority of members who voted were in favour of that particular action at least 50% of the number of individuals entitled to vote in the ballot actually voted The union can decide what industrial action to take if both of the following apply: both questions are asked on the ballot and members vote yes to both at least 50% of the number of individuals entitled to vote in the ballot actually vote Complaining about ballots You can apply for a court order if your union breaks the rules on industrial action ballots. You can take legal advice before doing this. The court may order the union not to organise action if it decides a ballot was not held according to the rules. You can apply for a temporary injunction that tells the union not to call industrial action if your case cannot be heard in court straight away. If the union does not do what the court says, you can ask them to ‘declare the union to be in contempt of court’ and the union can be fined.

Your employment rights during industrial action

You have the right to take industrial action and you cannot be legally forced to stay at, or go back to, work (unless a ballot was not organised properly). If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer is unlikely to pay for the work you did not do when you took industrial action. Taking industrial action does not usually mean that your employer will say you’ve broken your period of continuous employment with them. This begins when you start working for your employer and ends on the day your employer uses to calculate your length of service. However, if you take industrial action or your employer stops you from working during a dispute (you’re ‘locked out’), your length of service with them will reduce by the number of days you were on strike or locked out. This is important when working out your pension and things like statutory redundancy pay. Dismissal for industrial action You cannot be dismissed for industrial action if: it’s called as a result of a properly organised ballot it’s about a trade dispute between workers and their employer (for example about your terms and conditions) a detailed notice about the industrial action (which is legally required) has been given to the employer at least 10 days before it begins When you may be dismissed You could be dismissed for taking part in industrial action if: the union has not held a properly organised ballot the union has not given the employer the correct notice for balloting members or taking action the union has not called its members to take action because they think the dispute is settled or action is called by someone who does not have the authority to do so it’s in support of workers taking action against another employer (otherwise known as ‘sympathy’ or ‘secondary’ action) it’s in support of only employing union members (otherwise known as a ‘closed shop’) it breaks any other parts of industrial action law If you take part in industrial action that breaks the legislation and you’re dismissed, you cannot usually claim unfair dismissal. There’s more detail on legal rights and protections in the guidance on industrial action and the law . Being put at a disadvantage for taking industrial action (detriment) Industrial action is protected if the union has followed the legal rules for organising it. If you take part in protected industrial action, your employer must not put you at a disadvantage if their sole or main purpose is to: penalise you for taking part stop or discourage you from taking part in industrial action in future If they do, you can make a claim to an employment tribunal. Your employer can still take action for other reasons. For example, they can: take disciplinary action if you do something wrong that is unrelated to the industrial action make changes to manage the effects of the industrial action, such as offering less overtime to reduce costs You would not usually be able to make a detriment claim in these circumstances, even if the action puts you at a disadvantage. You will not usually be paid for time when you are taking industrial action. Industrial action by non-union members Workers who are not a member of any union can still take industrial action that is called as a result of a properly organised ballot – they have the same rights as union members not to be dismissed for taking action.

Going on strike and picketing

A picket line is where workers and union reps (‘picketers’ or ‘pickets’) stand outside a workplace to tell other people why they are striking. Pickets may also ask people not to: do some of their usual work go into work Pickets must not prevent people from going to work or doing their usual work if they want to do so. The picketing code of practice explains the rules around lawful picketing. Picketing and the law It’s a criminal offence for pickets to: use or threaten violence, or use threatening or abusive words to cause fear of violence or provoke violence obstruct a road or entrance to premises to stop people or vehicles passing possess an offensive weapon intentionally or recklessly damage property behave violently or disorderly, or in a way likely to lead to a breach of the peace You can have legal action taken against you if you break the law or encourage others to do so when you’re picketing. This includes: trespassing (trying to enter a building without permission) making a noise nuisance using threatening language or offensive material, libel or slander in leaflets, banners, placards, chants or speeches If you break a court order banning you or your trade union from holding a picket, you could be open to further legal action (otherwise known as ‘contempt of court’). Mass picketing Police have special powers to stop a mass picket if they think there’s a danger of: serious public disorder (like a riot) serious damage to property The Code of Practice on picketing says usually there should be no more than 6 people outside an entrance to a workplace. Flying pickets Flying pickets are groups of striking workers that move from one workplace to another to picket them. Usually flying pickets are illegal - you can only join a picket line at your workplace. Trade union reps can be on picket lines at different workplaces if they’re responsible for organising workers in those workplaces.

Taking part in industrial action and strikes

Overview

Industrial action is when workers:

go on strike
take other action, like refusing to do overtime (known as ‘action short of a strike’)

Sometimes an employer may take their own action and stop their workers from working or coming back to work during a dispute. This is called a ‘lock-out’.

Calling industrial action

Industrial action happens when trade union members are in a dispute with their employers that cannot be solved through negotiations.

A trade union can only call for industrial action if a majority of its members involved support it in a properly organised vote – called a ‘ballot’.

Before organising a ballot, a union must decide which members affected by a dispute it wants to ask to take industrial action.

A trade union calls industrial action by telling members and the employer when and how it will take place. Only a trade union official or committee with the legal right can do this, and they must be named on the voting papers or forms.

The union must communicate the result of the ballot to:

all union members entitled to vote
the employer

Taking part in industrial action - your rights

If you’re a trade union member, you have the right to vote before your union asks you to take industrial action. You do not have to take part in industrial action and cannot be disciplined by your union if you do not. You can take part in industrial action no matter how you voted.

If you get excluded or expelled from your union for not taking industrial action, you can complain to an employment tribunal.

If you’re not a member of any union, you can still join industrial action called as a result of a properly organised ballot. You will have the same rights as union members not to be dismissed for taking action.

If you’re a member of another union at the same workplace that has not called industrial action as a result of a properly organised ballot, you cannot take industrial action until your union has successfully balloted you.

Secondary action

It’s against the law to take part in ‘secondary action’ (going on strike in sympathy with people who work for a different employer).

View a printable version of the whole guide

Taking part in industrial action and strikes

Overview

Calling industrial action

Taking part in industrial action - your rights

Secondary action

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Taking part in industrial action and strikes

Overview

Calling industrial action

Taking part in industrial action - your rights

Secondary action

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