A person is guilty of this offence if threatening, abusive or insulting words or behaviour are used likely to cause fear of violence. Words or behaviour likely to cause harassment, alarm or distress are also criminal. There is also the risk of both criminal offence and civil liability under the so-called 'stalking law' in the Protection from Harassment Act 1996. A measure of peaceful picketing, provided that it is in contemplation or furtherance of a trade dispute, is lawful. Peaceful picketing is never lawful where it goes beyond communication or peaceful persuasion not to work.
Protection is limited to attendance at or near the worker's own place of work.
Provision is made for workers normally working at more than one place to attend at or near the employer's premises from which they work. An official may attend only at or near the place of work of the member 'whom he is accompanying and whom he represents'. Secondary picketing is thus outlawed. There is no immunity from a civil wrong for unions who permit members who work elsewhere to join the picket line, nor is there immunity for the individuals themselves. There is nothing in the legislation to prevent an employer from transferring work to another establishment where it would be unlawful to picket because under the new law it is unlawful for unions to transfer pickets to a place that is not their place of work.