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So far this year we’ve seen mass strikes from many public sectors in the UK, including teachers, rail workers, civil servants and many more. With 6 February 2023 marking the largest strike in the history of Britain’s health service, you may be considering what legislation actually protects strikers from their employers.
In this article, we’ll be covering the definition and meaning of a strike, alongside the laws that govern strikers and allow them to do so free of consequences. On the flip side, we’ll highlight what an illegal strike entails, and how employers can go about dealing with them.
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What is a strike?
By definition, a strike is a “refusal to work organized by a body of employees as a form of protest, typically to gain a concession from their employer”.
A strike is a form of industrial action. Other forms of industrial action include:
- Picketing – A form of protesting where people congregate outside a workplace
- Overtime bans – A form of protesting where employees refuse to engage in doing any overtime
- Go-slow – A form of protesting in which the rate of production is slowed
Unions will only utilise a strike over these other methods if negotiations with the employer have shown no progression.
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Who forms strikes?
A trade union is an organisation that helps workers communicate with their employers. Most of the time the communications are for requesting more pay or better working conditions.
However, if these negotiations have no effect, it can lead to the trade union members supporting the workers. The union members show support to the workers by usually arranging a strike.
To arrange a legal strike, the trade union must plan and carry out a ballot for people to vote on. This ballot is where the participants vote by marking a box on voting paper and returning it in an envelope. At the end of the ballot, everyone has the entitlement to know the result of the vote.
For the strike to go ahead legally, the strike must have been voted in favour. If a ballot fails and doesn’t get over 50% for the strike, a re-ballot can be held to vote again. If the strike goes ahead despite being voted against, this is an illegal strike and can thus bear consequences.
Reasons for and against dismissal.
There are many factors to consider when it comes to dismissal after attending a strike. For example, it can depend on whether the strike that you took part in was legal in the first place.
If you take part in a strike that breaks the law and you’re dismissed, you cannot usually claim unfair dismissal if all other employees that took part were dismissed too.
If you have taken industrial action, you can face dismissal after 12 weeks. This is the case only if your employer has made efforts to try and settle the dispute.
You may face dismissal if:
- The union hasn’t held an organised ballot
- The union hasn’t provided the employer with the correct notice
- You are taking part in industrial action in support of someone else
- You have broken any other parts of industrial law
You legally cannot face dismissal if:
- The strike was held due to an organised ballot
- It’s a trade dispute between workers and their employees
- The union provided the employer with a detailed notice about the industrial action at least 7 days before
Remember...
You can claim unfair dismissal if you are dismissed for taking industrial action within 12 weeks from when the action started.
Do I have to strike as part of a union?
Legally, nobody can force you to partake in a strike.
If you are a member of a trade union, the union may expect you to support and observe the strike. However, you always have the right to refuse if you wish.
Can I strike without being part of a union?
The short answer is yes. You can strike without being part of a union but only if the industrial action is lawful. If the strike is lawful, you’re protected from dismissal and will have the same rights as a union member.
Frequently asked questions.
1. Will I lose pay if I go on strike?
You will not be paid for the days you strike as you haven’t worked. The law states that employers can deduct pay for strikes and also withhold pension contributions.
In some cases, you may get paid by your union. This is known as ‘strike pay.’
2. What if I am off sick on the day of a strike?
If you are off sick during a strike, your normal sick pay will apply. However, you may need to provide a doctor’s note to prove your absence.
3. Can I use annual leave on the day of a strike?
No – when on strike, employees can no longer claim their employee benefits. Booking annual leave on these days falls under such benefits.
However, if you were to book annual leave in advance, and a strike was to fall on that day, you will not be considered part of the strike action. This means pay deductions will not apply.
4. Can you strike while on probation period?
Yes – you can strike while on probation as you are still protected by the law.
5. Can I be sued for going on strike?
As striking is most likely a breach of your contract between you and your employer, your employer may have grounds to. However, this rarely happens.
How can Britton and Time Solicitors help?
We know how stressful facing legal issues are, That’s why our initial consultations with our solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
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