Summary
- Employees can go on strike if certain legal requirements are met, including a valid union ballot and proper notice to the employer.
- Strikes can be disruptive, but employees are generally not entitled to pay during strike action, though statutory entitlements like annual leave and sick pay must still be paid.
- Employees taking part in protected strike action cannot be dismissed within the first 12 weeks of industrial action, and strike days do not count toward length of service.
- This article explains the framework for employee strikes under UK law, covering what constitutes lawful strike action and employer obligations.
- LegalVision, a commercial law firm specialising in employment law, outlines when strikes are lawful, employee protections during strikes, and steps employers can take to manage and prepare for strikes.
Tips for Businesses
If strike action is looming, communicate clearly with your employees and trade unions to understand the root of the dispute. Assess the potential impact on your workforce and business operations, ensuring you have a plan in place to manage disruption. Remember to follow legal procedures when handling strike-related dismissals to avoid claims of unfair treatment.
Maintaining a motivated and productive workforce is essential for your business’ success. However, disputes can arise and in some cases, your employees may consider strike action. While this can be disruptive, UK law sets out a clear framework that balances employee rights with employer protections. This article helps you understand this framework and assist you in managing risks and responding appropriately.
Understanding Strikes
A strike is a form of industrial action where your employees refuse to work. This can be because of a dispute with your business’ management. For example, if you propose reducing working hours, employees may strike to pressure you to reconsider.
Importantly, strikes are usually a last resort after negotiations fail. Industrial action does not always mean a full strike. It can also include overtime bans or “go-slows”, where employees work more slowly on purpose.
Who Can Strike?
Most of your employees that participate in a strike are members of a trade union. However, being a union member is not a requirement to participate.
For example:
- non-union employees may join strike action; and
- agency workers are to continue working, but may choose to participate.
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What is a Trade Union?
A trade union is a group of workers who come together to help your employees ask for better pay and work conditions. If negotiation with you does not work, trade unions often campaign collectively and take industrial action, such as strikes.
When are Strikes Lawful?
Not all strikes are lawful. Strict legal requirements must be met, for a strike to be considered ‘protected’
During a protected strike legal claims to the trade union such as business disruption may not be applicable. In addition to you, you cannot dismiss employees who participate in the strikes.
To qualify as protected industrial action:
- a valid ballot with most union members voting in favour;
- the dispute must relate to employment matters; and
- the union must give you notice of the ballot result and intended action.
Pay and Benefits During Strikes
You do not have to pay wages or benefits like pension contributions for any period an employee is on an official strike. However, you must pay:
- annual leave pay;
- sick leave pay – If your employee follows normal procedures for reporting sickness; and
- other statutory leave pay, such as maternity or paternity pay.
The deductions from your employee’s pay should only be the amount that your employee would have earned during the strike period. This calculation would be made with reference to their employment contract and their usual salary payment terms. You cannot deduct pay if the employee was not supposed to work on the day of the strike.
Continuous Employment
A common question for business owners is whether an employee’s absence due to strike action affects their continuous employment. If an employee returns to work after the strike, their continuous employment remains unbroken. In other words, there is no break in their employment with you.
However, the period spent on strike does not count towards the employee’s length of service. This is important when calculating entitlements such as statutory redundancy pay or pension benefits.
Dismissing Employees During Strikes
If your employees go on strike, they will generally be in breach of their employment contract. However, your ability to dismiss them will depend on several factors, including whether the industrial action is official or unofficial.
In particular, dismissing an employee within the first 12 weeks of participating in protected industrial action will usually be considered automatically unfair. In some cases, this protection may extend beyond 12 weeks. This will apply where the industrial action:
- results from a properly conducted ballot;
- relates to a genuine trade dispute between the employer and employees; and
- is supported by the required notice to the employer.
Importantly, you should avoid selective dismissals or decisions based on automatically unfair reasons, such as pregnancy.
If you are considering dismissing employees involved in unlawful industrial action, you should apply a consistent approach to all employees who participated in the same action.
Preparing for a Potential Strike
Before employees vote on industrial action, you may take steps to understand the situation and prepare for any potential impact.
Communicating with Employees and Understanding the Issues
You may explain your position in discussions with the trade union so employees understand the business context. This communication should be clear and factual, and should not interfere with the voting process.
Assessing Your Workforce and Planning for Disruption
As the vote approaches, you should review your workforce. This includes identifying which employees are trade union members and which teams may be most affected.
You should consider:
- reviewing whether you have enough skilled staff to continue key operations if a strike goes ahead;
- potential impact on your business;
- informing customers and suppliers about possible delays; and
- explaining how you are managing the situation.
What Can I Do Post-Strike?
After a strike, you should focus on rebuilding trust and a positive environment. Reflect on what drove the disagreements between you and your employees, make any necessary changes, communicate openly, offer supportive resources and demonstrate your commitment to improvement.
Learn how to manage employment disputes and protect your business from legal action.
Key Takeaways
Employees can go on strike if legal requirements are met, including a valid union ballot and proper notice. You generally do not have to pay employees while they are on strike, except for certain statutory entitlements. You cannot dismiss employees taking part in protected strike action within the first 12 weeks. Strike action does not break continuous employment, but strike days do not count towards length of service. Preparing early, understanding the issues and planning for disruption can help reduce business impact.
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Frequently Asked Questions
You cannot automatically dismiss employees for participating in official and protected strike action within the first 12 weeks. After 12 weeks, some protections remain, so dismissals related to the strike should be very carefully considered in consultation with an employment lawyer.
No, you do not have to pay wages or benefits like pension contributions for any period an employee is on an official strike. However, you must still pay statutory entitlements like annual leave, sick leave, and other legal requirements.
The days spent on an official strike do not count toward length of service calculations. However, if employees return after the strike, their period of continuous employment remains unbroken.
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