Handle industrial action

If you cannot settle a dispute with your workers, through talks or with help from Acas, their union may ballot them on industrial action. That can mean a strike or action short of a strike, such as refusing overtime. Action is lawful only if it is about a trade dispute between you and your own workers, is backed by a properly run ballot, and the union gives you written notice before it starts.

What the union must send you

The union must send you notice of the ballot at least 7 days before it opens, and a sample of the voting paper at least 3 days before it opens. After the ballot, the union must tell you how many people were entitled to vote, how many voted, the numbers of yes, no and spoiled votes, and whether turnout reached 50%. The notice of action must say whether the action will be continuous or on certain days, and give those dates.

If the union has not followed the rules

Action loses its legal protection if the ballot or notice rules were not followed, if it is secondary action in support of workers at another employer, if it supports a closed shop, or if it involves unlawful picketing. You can then apply to the court for an order stopping the union from organising it, including a temporary injunction if your case cannot be heard straight away.

What you can and cannot do

Pay during the action

You can ask workers whether they plan to strike so that you can plan cover, but they do not have to tell you. You do not have to pay anyone for time they spend on strike. Deduct only what they would have earned in that time, and nothing for a day they were not due to work anyway.

If workers refuse part of their contractual duties, you can refuse to accept part performance. Tell them they should attend only if they will do their full duties, and that you will not pay them if they do not. If you accept part performance, you must pay for the work they do.

Keep the business running

You can ask staff who are not on strike to cover work, as long as their contracts allow it and you do not discriminate. Agency workers already placed with you as part of normal business can carry on.

Pickets must not stop anyone going in, block a road or entrance, or use or threaten violence. The picketing code of practice says there should usually be no more than 6 pickets at a workplace entrance.

Dismissal and other treatment

The protection against dismissal continues after the action ends. Dismissing some participants but not others can also lead to unfair dismissal claims.

You must not treat a worker less well, for example by cutting their hours, where your main purpose is to penalise them for taking part in protected action or to stop them taking part in future. You can still discipline someone for unrelated misconduct, or make changes that manage the effects of the action.

Strike days do not break an employee's continuous employment, but they are taken off their length of service, which matters for redundancy pay and pensions.

When you receive a notice