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Saturday, 22 November 2008

Employment

Employment

Industrial action

If workplace disputes aren't resolved, they can lead to industrial action. Find out what protection there is for workers and when it applies, and what you can do if you're punished for taking industrial action.

Forms of industrial action

Industrial action usually happens when a dispute in the workplace can't be resolved through negotiation.

There are three main forms of industrial action:

  • strike - where workers refuse to work for the employer
  • action short of a strike - where workers take actions such as working to rule, go slows, overtime bans or call-out bans
  • lock-out - a work stoppage where the employer stops workers from working

Industrial action is 'official' if it is formally backed by a trade union and members of that union are taking part in it.

If you're involved in industrial action against your employer, you'll probably be in breach of your employment contract and you are therefore unlikely to be paid when taking industrial action. However, you will enjoy protections against being dismissed for taking industrial action provided your union follows the right procedure when organising it.

Avoiding industrial action

Industrial action should only be taken if it's not possible to resolve a dispute by other means, as it can be costly and damaging to both sides.

There are likely to be formal arrangements for resolving disputes, usually involving your union.

Sometimes it may be sensible to bring in outside help. Advisors from Acas (Labour Relations Agency (LRA) in Northern Ireland) can help employers and employee representatives to resolve disputes in a number of different ways.

What's the correct procedure for taking industrial action?

Industrial action will be protected by law as long as:

  • the dispute relates to a trade dispute between workers and their employer
  • a secret postal ballot has been held and the majority of members voting have supported the action
  • detailed notice about the action has been given to the employer at least seven days before it commences

There's no protection for:

  • unofficial industrial action
  • action called by a union unsupported by a ballot
  • secondary industrial action (in support of workers of another employer)
  • action promoting 'union labour only' practices
  • action in support of anyone dismissed for taking 'unofficial action'

Holding a ballot for industrial action

There is no legal protection for union members taking industrial action unless there's been a secret ballot. An independent scrutineer is needed if more than 50 workers are being balloted. If there is majority support, the action must begin within four weeks of the ballot (or eight if its agreed between union and employer).

If you're not in a trade union, then the provisions relating to secret ballots do not apply. You should get specialist advice as to what rules apply to you.

If you take part in industrial action

If you take industrial action, be aware that:

  • your employer may stop paying you as you'll be in breach of contract
  • you could lose your job
  • you could lose any company benefits
  • if you're dismissed you may not have the right to claim unfair dismissal

The last point doesn't apply if the correct procedure for industrial action has been followed and you're dismissed less than 12 weeks after action began. Lock-out days aren't counted in the 12 weeks.

After 12 weeks of action, you have the right to claim unfair dismissal if:

  • your employer hasn't taken reasonable steps to settle the dispute; or
  • you stopped taking part in the industrial action during the 12 week period and are dismissed for taking part during that period

If the action is official but unsupported by a ballot or unprotected (for example, because the action is secondary) you can only claim unfair dismissal if you are dismissed and others taking part are not.

Do I have to strike if my colleagues are on strike?

You don't have to take part in industrial action if you don't want to (even if the majority voted in favour). Your union cant discipline you for this or for any other reason classed as unjustified.

If you're disciplined for not taking action or for crossing a picket line, you can complain to an Employment Tribunal (or Industrial Tribunal in Northern Ireland) within three months of the disciplinary action.

What to do next

Before taking any form of industrial action, always consult your union.

If you're on strike you may have problems claiming state benefits. Contact your local Jobcentre Plus for advice (Jobs and Benefits office or Jobcentre in Northern Ireland).

You can complain to an Employment Tribunal if you think you've been unfairly dismissed or mistreated by your employer for taking part in industrial action.

Where to get help

For information about a particular union contact them directly or via the TUC website.

You can contact your union for advice and information on industrial action.

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

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