Industrial action

February 13, 2008

Today, Hollywood writers are heading back to work after a three month strike, as a deal has been reached on new contracts with the Hollywood studios. This got me thinking about the law relating to industrial action in the UK.

Organising or participating in a strike in the UK is not straightforward, and can very easily bring legal consequences, including dismissal and claims for damages if certain procedures are not followed. By organising or participating in industrial action, you are breaking the law, but there are statutory immunities from legal action available to individuals and Trade Unions. However the conditions that need to be met to gain immunity can be tricky and in some cases can limit the effectiveness of the industrial action.

Whilst industrial action still occurs in this country (only recently the National Union of Teachers decided to ballot its members to strike), it is no longer a common occurrence as it was in the late 1970s and early 1980s. The Conservative Government in the 1980s introduced a number of pieces of legislation which gradually increased the difficulty for Trade Unions in organising strikes whilst maintaining statutory protection. This legislation was consolidated into the Trade Unions and Labour Relations (Consolidation) Act 1992 (TULRCA). The introduction of all the legislative changes has contributed to the decrease in occurrences of industrial action and Trade Union presence in the UK.

In brief, some of the rules governing the organisation of industrial action include the need for a properly conducted secret ballot – there are a number of points needing to be fulfilled for it to be considered properly conducted. The law also makes picketing at a place of work other than your own unlawful. Secondary action is not allowed – this is action that involves an employer not directly involved in the dispute. (This is not an exhaustive list of requirements under the legislation).

So, from this brief overview of the law, it is clear to see that organising industrial action is not an easy business. I’m not sure how this law would have affected the screen writers’ strike if this had taken place in the UK, however for most UK industries the law has a huge effect on the way that Unions and Employers can use industrial action as a way of bargaining over pay and other conditions.

For more detailed information on the law relating to industrial action, go to www.berr.gov.uk.

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Posted by hrgirl | Filed Under Employee Relations, Employment Law 

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