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650-86
any changes to employee numbers and organisation, employment prospects, and particularly any threats to jobs within the company or organisation
Request an information and consultation agreement with your employer
650
86
93
true
650-87
decisions that might lead to changes in work organisation or in employment contracts including TUPE transfers and collective redundancies
Request an information and consultation agreement with your employer
650
87
93
true
650-88
Complaints when an agreement is in place
Request an information and consultation agreement with your employer
650
88
93
true
650-89
Complain to CAC by filling in the relevant form if you believe:
Request an information and consultation agreement with your employer
650
89
93
true
650-90
your employer has not complied with the terms of an agreement
Request an information and consultation agreement with your employer
650
90
93
true
650-91
your employer has made an unreasonable request that you keep information confidential
Request an information and consultation agreement with your employer
650
91
93
true
650-92
that disclosing particular information would harm your business
Request an information and consultation agreement with your employer
650
92
93
true
651-0
Overview
Taking part in industrial action and strikes
651
0
92
true
651-1
Industrial action is when workers:
Taking part in industrial action and strikes
651
1
92
true
651-2
go on strike
Taking part in industrial action and strikes
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2
92
true
651-3
take other action, like refusing to do overtime (known as ‘action short of a strike’)
Taking part in industrial action and strikes
651
3
92
true
651-4
Sometimes an employer may stop their workers from working or coming back to work during a dispute. This is called a ‘lock-out’.
Taking part in industrial action and strikes
651
4
92
true
651-5
Calling industrial action
Taking part in industrial action and strikes
651
5
92
true
651-6
Industrial action happens when trade union members are in a dispute with their employers that can’t be solved through negotiations.
Taking part in industrial action and strikes
651
6
92
true
651-7
A trade union can only call for industrial action if a majority of its members involved support it in a properly organised postal vote - called a ‘ballot’.
Taking part in industrial action and strikes
651
7
92
true
651-8
Before organising a ballot, a union must decide which members affected by a dispute it wants to ask to take industrial action. It must tell all members entitled to vote and the employer what the ballot results were.
Taking part in industrial action and strikes
651
8
92
true
651-9
A trade union calls industrial action by telling members and the employer when and how this action will be taken. This should be done by a trade union official or committee that has the legal right to do so. Your voting paper must have said who this is.
Taking part in industrial action and strikes
651
9
92
true
651-10
Taking part in industrial action - your rights
Taking part in industrial action and strikes
651
10
92
true
651-11
If you’re a trade union member, you have the right to vote before your union asks you to take industrial action. You don’t have to take part in industrial action and can’t be disciplined by your union if you don’t.
Taking part in industrial action and strikes
651
11
92
true
651-12
If you do get excluded or expelled from your union, you can complain to an employment tribunal.
Taking part in industrial action and strikes
651
12
92
true
651-13
Secondary action
Taking part in industrial action and strikes
651
13
92
true
651-14
It’s against the law to take part in ‘secondary action’ (going on strike in sympathy with people who work for a different employer).
Taking part in industrial action and strikes
651
14
92
true
651-15
Holding a ballot
Taking part in industrial action and strikes
651
15
92
true
651-16
Your union must have a vote (a ‘ballot’) that’s properly organised according to legal rules.
Taking part in industrial action and strikes
651
16
92
true
651-17
Properly organised ballots
Taking part in industrial action and strikes
651
17
92
true
651-18
A ballot for industrial action must:
Taking part in industrial action and strikes
651
18
92
true
651-19
be supervised by a qualified independent person (a ‘scrutineer’ - often someone from an organisation like the Electoral Reform Society) appointed by the union if over 50 members are being balloted
Taking part in industrial action and strikes
651
19
92
true
651-20
be held before the union asks members to take or continue taking action
Taking part in industrial action and strikes
651
20
92
true
651-21
be open to all members the union wants to take action
Taking part in industrial action and strikes
651
21
92
true
651-22
be a postal ballot where members vote by marking a box on a voting paper and return it in a prepaid envelope
Taking part in industrial action and strikes
651
22
92
true
651-23
include information on what the ballot is about and where to post your vote
Taking part in industrial action and strikes
651
23
92
true
651-24
The union must tell everyone entitled to vote how many people voted, the number of yes votes, no votes or spoiled papers as soon as it can after the ballot.
Taking part in industrial action and strikes
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24
92
true
651-25
It must also give the employer one week’s notice of the start of the ballot and tell them the result as soon as possible once it’s available.
Taking part in industrial action and strikes
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25
92
true
651-26
There’s practical guidance on these rules in the code of practice on industrial action ballots.
Taking part in industrial action and strikes
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92
true
651-27
Questions on the voting paper
Taking part in industrial action and strikes
651
27
92
true
651-28
When you’re balloted, your voting paper must ask whether you want to take part in either (or both):
Taking part in industrial action and strikes
651
28
92
true
651-29
strike action
Taking part in industrial action and strikes
651
29
92
true
651-30
action short of a strike
Taking part in industrial action and strikes
651
30
92
true
651-31
The union can only call on members to take action if a majority of members who voted were in favour of that particular action. If both questions are asked on the ballot paper and members vote yes to both, the union can decide what industrial action to take.
Taking part in industrial action and strikes
651
31
92
true
651-32
Complaining about ballots
Taking part in industrial action and strikes
651
32
92
true
651-33
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.
Taking part in industrial action and strikes
651
33
92
true
651-34
The court may order the union not to organise action if it decides a ballot wasn’t held according to the rules.
Taking part in industrial action and strikes
651
34
92
true
651-35
You can apply for a temporary injunction that tells the union not to call industrial action if your case can’t be heard in court straight away.
Taking part in industrial action and strikes
651
35
92
true
651-36
If the union doesn’t 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.
Taking part in industrial action and strikes
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36
92
true
651-37
Your employment rights during industrial action
Taking part in industrial action and strikes
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true
651-38
You have the right to take industrial action and you can’t be legally forced to stay at, or go back to, work (unless a ballot wasn’t organised properly).
Taking part in industrial action and strikes
651
38
92
true
651-39
If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer:
Taking part in industrial action and strikes
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39
92
true
651-40
is unlikely to pay for the work you didn’t do when you took industrial action
Taking part in industrial action and strikes
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40
92
true
651-41
can sue you for breaking your contract (this doesn’t happen often)
Taking part in industrial action and strikes
651
41
92
true
651-42
Taking industrial action doesn’t 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.
Taking part in industrial action and strikes
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92
true
651-43
However, if you take industrial action, your employer will reduce your length of service with them by the number of days you were on strike. This is important when working out your pension and things like statutory redundancy pay.
Taking part in industrial action and strikes
651
43
92
true
651-44
Dismissal for industrial action
Taking part in industrial action and strikes
651
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92
true
651-45
You can’t be dismissed for industrial action if:
Taking part in industrial action and strikes
651
45
92
true
651-46
it’s called as a result of a properly organised ballot
Taking part in industrial action and strikes
651
46
92
true
651-47
it’s about a trade dispute between workers and their employer (eg about your terms and conditions)
Taking part in industrial action and strikes
651
47
92
true
651-48
a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins
Taking part in industrial action and strikes
651
48
92
true
651-49
You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began.
Taking part in industrial action and strikes
651
49
92
true
651-50
After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.
Taking part in industrial action and strikes
651
50
92
true
651-51
When you may be dismissed
Taking part in industrial action and strikes
651
51
92
true
651-52
You could be dismissed for taking part in industrial action if:
Taking part in industrial action and strikes
651
52
92
true
651-53
the union hasn’t held a properly organised ballot
Taking part in industrial action and strikes
651
53
92
true
651-54
the union hasn’t given the employer the correct notice for balloting members or taking action
Taking part in industrial action and strikes
651
54
92
true
651-55
the union hasn’t called its members to take action because they think the dispute is settled or action is called by someone who doesn’t have the authority to do so
Taking part in industrial action and strikes
651
55
92
true
651-56
it’s in support of workers taking action against another employer (otherwise known as ‘sympathy’ or ‘secondary’ action)
Taking part in industrial action and strikes
651
56
92
true
651-57
it’s in support of only employing union members (otherwise known as a ‘closed shop’)
Taking part in industrial action and strikes
651
57
92
true
651-58
it breaks any other parts of industrial action law
Taking part in industrial action and strikes
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92
true
651-59
If you take part in industrial action that breaks the regulations and you’re dismissed, you can’t usually claim unfair dismissal if all employees taking part are dismissed as well.
Taking part in industrial action and strikes
651
59
92
true
651-60
There’s more detail on legal rights and protections in the guidance on industrial action and the law.
Taking part in industrial action and strikes
651
60
92
true
651-61
Industrial action by non-union members
Taking part in industrial action and strikes
651
61
92
true
651-62
Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action.
Taking part in industrial action and strikes
651
62
92
true
651-63
Going on strike and picketing
Taking part in industrial action and strikes
651
63
92
true
651-64
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:
Taking part in industrial action and strikes
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64
92
true
651-65
do some of their usual work
Taking part in industrial action and strikes
651
65
92
true
651-66
go into work
Taking part in industrial action and strikes
651
66
92
true
651-67
Pickets must not prevent people from going to work or doing their usual work if they want to do so.
Taking part in industrial action and strikes
651
67
92
true
651-68
The picketing code of practice explains the rules around lawful picketing.
Taking part in industrial action and strikes
651
68
92
true
651-69
Picketing and the law
Taking part in industrial action and strikes
651
69
92
true
651-70
It’s a criminal offence for pickets to:
Taking part in industrial action and strikes
651
70
92
true
651-71
use threatening or abusive behaviour to people walking past or crossing the picket line
Taking part in industrial action and strikes
651
71
92
true
651-72
block people or vehicles trying to get into the workplace which is on strike (called ‘causing an obstruction’ by police)
Taking part in industrial action and strikes
651
72
92
true
651-73
carry weapons
Taking part in industrial action and strikes
651
73
92
true
651-74
damage property
Taking part in industrial action and strikes
651
74
92
true
651-75
cause or threaten to cause a ‘breach of the peace’
Taking part in industrial action and strikes
651
75
92
true
651-76
try to block roads near the picket line (called ‘causing an obstruction to the public highway’)
Taking part in industrial action and strikes
651
76
92
true
651-77
try to stop the police who are outside the workplace from doing their job
Taking part in industrial action and strikes
651
77
92
true
651-78
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:
Taking part in industrial action and strikes
651
78
92
true
651-79
trespassing (trying to enter a building without permission)
Taking part in industrial action and strikes
651
79
92
true
651-80
making a noise nuisance
Taking part in industrial action and strikes
651
80
92
true
651-81
using threatening language or offensive material, libel or slander in leaflets, banners, placards, chants or speeches
Taking part in industrial action and strikes
651
81
92
true
651-82
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’).
Taking part in industrial action and strikes
651
82
92
true
651-83
Mass picketing
Taking part in industrial action and strikes
651
83
92
true
651-84
Police have special powers to stop a mass picket if they think there’s a danger of:
Taking part in industrial action and strikes
651
84
92
true
651-85
serious public disorder (like a riot)
Taking part in industrial action and strikes
651
85
92
true
651-86
serious damage to property
Taking part in industrial action and strikes
651
86
92
true
651-87
The Code of Practice on picketing says usually there should be no more than 6 people outside an entrance to a workplace.
Taking part in industrial action and strikes
651
87
92
true
651-88
If you don’t stop picketing when told do so by police, you can be arrested.
Taking part in industrial action and strikes
651
88
92
true
651-89
Flying pickets
Taking part in industrial action and strikes
651
89
92
true
651-90
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.
Taking part in industrial action and strikes
651
90
92
true
651-91
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
651
91
92
true