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652 values
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48.7k
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48.7k
650-86
any changes to employee numbers and organisation, employment prospects, and particularly any threats to jobs within the company or organisation
650
Request an information and consultation agreement with your employer
86
6,131
6,274
650-87
decisions that might lead to changes in work organisation or in employment contracts including TUPE transfers and collective redundancies
650
Request an information and consultation agreement with your employer
87
6,275
6,412
650-88
Complaints when an agreement is in place
650
Request an information and consultation agreement with your employer
88
6,413
6,453
650-89
Complain to CAC by filling in the relevant form if you believe:
650
Request an information and consultation agreement with your employer
89
6,454
6,517
650-90
your employer has not complied with the terms of an agreement
650
Request an information and consultation agreement with your employer
90
6,518
6,579
650-91
your employer has made an unreasonable request that you keep information confidential
650
Request an information and consultation agreement with your employer
91
6,580
6,665
650-92
that disclosing particular information would harm your business
650
Request an information and consultation agreement with your employer
92
6,666
6,729
651-0
Overview
651
Taking part in industrial action and strikes
0
0
8
651-1
Industrial action is when workers:
651
Taking part in industrial action and strikes
1
9
43
651-2
go on strike
651
Taking part in industrial action and strikes
2
44
56
651-3
take other action, like refusing to do overtime (known as ‘action short of a strike’)
651
Taking part in industrial action and strikes
3
57
142
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’.
651
Taking part in industrial action and strikes
4
143
270
651-5
Calling industrial action
651
Taking part in industrial action and strikes
5
271
296
651-6
Industrial action happens when trade union members are in a dispute with their employers that can’t be solved through negotiations.
651
Taking part in industrial action and strikes
6
297
428
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’.
651
Taking part in industrial action and strikes
7
429
584
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.
651
Taking part in industrial action and strikes
8
585
800
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.
651
Taking part in industrial action and strikes
9
801
1,054
651-10
Taking part in industrial action - your rights
651
Taking part in industrial action and strikes
10
1,055
1,101
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.
651
Taking part in industrial action and strikes
11
1,102
1,316
651-12
If you do get excluded or expelled from your union, you can complain to an employment tribunal.
651
Taking part in industrial action and strikes
12
1,317
1,412
651-13
Secondary action
651
Taking part in industrial action and strikes
13
1,413
1,429
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).
651
Taking part in industrial action and strikes
14
1,430
1,562
651-15
Holding a ballot
651
Taking part in industrial action and strikes
15
1,563
1,579
651-16
Your union must have a vote (a ‘ballot’) that’s properly organised according to legal rules.
651
Taking part in industrial action and strikes
16
1,580
1,672
651-17
Properly organised ballots
651
Taking part in industrial action and strikes
17
1,673
1,699
651-18
A ballot for industrial action must:
651
Taking part in industrial action and strikes
18
1,700
1,736
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
651
Taking part in industrial action and strikes
19
1,737
1,933
651-20
be held before the union asks members to take or continue taking action
651
Taking part in industrial action and strikes
20
1,934
2,005
651-21
be open to all members the union wants to take action
651
Taking part in industrial action and strikes
21
2,006
2,059
651-22
be a postal ballot where members vote by marking a box on a voting paper and return it in a prepaid envelope
651
Taking part in industrial action and strikes
22
2,060
2,168
651-23
include information on what the ballot is about and where to post your vote
651
Taking part in industrial action and strikes
23
2,169
2,244
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.
651
Taking part in industrial action and strikes
24
2,245
2,401
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.
651
Taking part in industrial action and strikes
25
2,402
2,543
651-26
There’s practical guidance on these rules in the code of practice on industrial action ballots.
651
Taking part in industrial action and strikes
26
2,544
2,639
651-27
Questions on the voting paper
651
Taking part in industrial action and strikes
27
2,640
2,669
651-28
When you’re balloted, your voting paper must ask whether you want to take part in either (or both):
651
Taking part in industrial action and strikes
28
2,670
2,769
651-29
strike action
651
Taking part in industrial action and strikes
29
2,770
2,783
651-30
action short of a strike
651
Taking part in industrial action and strikes
30
2,784
2,808
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.
651
Taking part in industrial action and strikes
31
2,809
3,066
651-32
Complaining about ballots
651
Taking part in industrial action and strikes
32
3,067
3,092
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.
651
Taking part in industrial action and strikes
33
3,093
3,230
651-34
The court may order the union not to organise action if it decides a ballot wasn’t held according to the rules.
651
Taking part in industrial action and strikes
34
3,231
3,342
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.
651
Taking part in industrial action and strikes
35
3,343
3,486
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.
651
Taking part in industrial action and strikes
36
3,487
3,626
651-37
Your employment rights during industrial action
651
Taking part in industrial action and strikes
37
3,627
3,674
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).
651
Taking part in industrial action and strikes
38
3,675
3,828
651-39
If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer:
651
Taking part in industrial action and strikes
39
3,829
3,951
651-40
is unlikely to pay for the work you didn’t do when you took industrial action
651
Taking part in industrial action and strikes
40
3,952
4,029
651-41
can sue you for breaking your contract (this doesn’t happen often)
651
Taking part in industrial action and strikes
41
4,030
4,096
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.
651
Taking part in industrial action and strikes
42
4,097
4,361
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.
651
Taking part in industrial action and strikes
43
4,362
4,592
651-44
Dismissal for industrial action
651
Taking part in industrial action and strikes
44
4,593
4,624
651-45
You can’t be dismissed for industrial action if:
651
Taking part in industrial action and strikes
45
4,625
4,673
651-46
it’s called as a result of a properly organised ballot
651
Taking part in industrial action and strikes
46
4,674
4,728
651-47
it’s about a trade dispute between workers and their employer (eg about your terms and conditions)
651
Taking part in industrial action and strikes
47
4,729
4,827
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
651
Taking part in industrial action and strikes
48
4,828
4,965
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.
651
Taking part in industrial action and strikes
49
4,966
5,127
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.
651
Taking part in industrial action and strikes
50
5,128
5,329
651-51
When you may be dismissed
651
Taking part in industrial action and strikes
51
5,330
5,355
651-52
You could be dismissed for taking part in industrial action if:
651
Taking part in industrial action and strikes
52
5,356
5,419
651-53
the union hasn’t held a properly organised ballot
651
Taking part in industrial action and strikes
53
5,420
5,469
651-54
the union hasn’t given the employer the correct notice for balloting members or taking action
651
Taking part in industrial action and strikes
54
5,470
5,563
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
651
Taking part in industrial action and strikes
55
5,564
5,727
651-56
it’s in support of workers taking action against another employer (otherwise known as ‘sympathy’ or ‘secondary’ action)
651
Taking part in industrial action and strikes
56
5,728
5,847
651-57
it’s in support of only employing union members (otherwise known as a ‘closed shop’)
651
Taking part in industrial action and strikes
57
5,848
5,932
651-58
it breaks any other parts of industrial action law
651
Taking part in industrial action and strikes
58
5,933
5,983
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.
651
Taking part in industrial action and strikes
59
5,984
6,164
651-60
There’s more detail on legal rights and protections in the guidance on industrial action and the law.
651
Taking part in industrial action and strikes
60
6,165
6,266
651-61
Industrial action by non-union members
651
Taking part in industrial action and strikes
61
6,267
6,305
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.
651
Taking part in industrial action and strikes
62
6,306
6,462
651-63
Going on strike and picketing
651
Taking part in industrial action and strikes
63
6,463
6,492
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:
651
Taking part in industrial action and strikes
64
6,493
6,671
651-65
do some of their usual work
651
Taking part in industrial action and strikes
65
6,672
6,699
651-66
go into work
651
Taking part in industrial action and strikes
66
6,700
6,712
651-67
Pickets must not prevent people from going to work or doing their usual work if they want to do so.
651
Taking part in industrial action and strikes
67
6,713
6,812
651-68
The picketing code of practice explains the rules around lawful picketing.
651
Taking part in industrial action and strikes
68
6,813
6,887
651-69
Picketing and the law
651
Taking part in industrial action and strikes
69
6,888
6,909
651-70
It’s a criminal offence for pickets to:
651
Taking part in industrial action and strikes
70
6,910
6,949
651-71
use threatening or abusive behaviour to people walking past or crossing the picket line
651
Taking part in industrial action and strikes
71
6,950
7,037
651-72
block people or vehicles trying to get into the workplace which is on strike (called ‘causing an obstruction’ by police)
651
Taking part in industrial action and strikes
72
7,038
7,158
651-73
carry weapons
651
Taking part in industrial action and strikes
73
7,159
7,172
651-74
damage property
651
Taking part in industrial action and strikes
74
7,173
7,188
651-75
cause or threaten to cause a ‘breach of the peace’
651
Taking part in industrial action and strikes
75
7,189
7,239
651-76
try to block roads near the picket line (called ‘causing an obstruction to the public highway’)
651
Taking part in industrial action and strikes
76
7,240
7,335
651-77
try to stop the police who are outside the workplace from doing their job
651
Taking part in industrial action and strikes
77
7,336
7,409
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:
651
Taking part in industrial action and strikes
78
7,410
7,541
651-79
trespassing (trying to enter a building without permission)
651
Taking part in industrial action and strikes
79
7,542
7,601
651-80
making a noise nuisance
651
Taking part in industrial action and strikes
80
7,602
7,625
651-81
using threatening language or offensive material, libel or slander in leaflets, banners, placards, chants or speeches
651
Taking part in industrial action and strikes
81
7,626
7,743
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’).
651
Taking part in industrial action and strikes
82
7,744
7,909
651-83
Mass picketing
651
Taking part in industrial action and strikes
83
7,910
7,924
651-84
Police have special powers to stop a mass picket if they think there’s a danger of:
651
Taking part in industrial action and strikes
84
7,925
8,008
651-85
serious public disorder (like a riot)
651
Taking part in industrial action and strikes
85
8,009
8,046
651-86
serious damage to property
651
Taking part in industrial action and strikes
86
8,047
8,073
651-87
The Code of Practice on picketing says usually there should be no more than 6 people outside an entrance to a workplace.
651
Taking part in industrial action and strikes
87
8,074
8,194
651-88
If you don’t stop picketing when told do so by police, you can be arrested.
651
Taking part in industrial action and strikes
88
8,195
8,270
651-89
Flying pickets
651
Taking part in industrial action and strikes
89
8,271
8,285
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.
651
Taking part in industrial action and strikes
90
8,286
8,475
651-91
Trade union reps can be on picket lines at different workplaces if they’re responsible for organising workers in those workplaces.
651
Taking part in industrial action and strikes
91
8,476
8,606