11/28/2023 0 Comments Lawful strike definitionUsing agency workers to provide coverįollowing a legal challenge in July 2023, any employers who are considering using agency workers to provide strike cover should get legal advice. For example, a delivery driver could refuse to cross a picket line. This means going on strike in sympathy with people who work for a different employer.Įmployees of other organisations might be protected by law in some cases. It's against the law to take part in 'secondary action'. They can choose to strike if they want to, for example if they do not want to cross a picket line. Agency workersĪnyone working through an agency would not usually strike, because their employer is the agency. If a shift worker is due to work on a strike day, they can choose whether to work or go on strike. If someone is not sure if they're allowed to strike, they can check with: This sometimes just means working for the same employer. Employees who are not trade union membersĮmployees can join an official strike if they're in the same 'bargaining unit' as the trade union members. It does not matter if they voted in the ballot or how they voted. Trade union members who were asked to take part in the ballot can choose to join an official strike. But some other people might be protected by law if they choose to strike. Most people who take part in a strike are likely to be trade union members. However, they might be able to argue that being dismissed because they went on strike was a detriment.įind out more about unfair dismissal Who can strike If someone is legally classed as a worker, they cannot claim unfair dismissal. If they are dismissed for going on strike for 12 weeks or less, it is an automatically unfair dismissal. their employer turns down their training requests without good reasonĪnyone who is legally classed as an employee is protected by law from unfair dismissal.DetrimentĮmployers should not cause 'detriment' to anyone who strikes.ĭetriment means someone experiences one or both of the following: Dismissal and unfair treatmentĮmployees who take part in an official strike are protected by law. If they strike for 4 days, they might need to wait for 3 years and 4 days. But it does reduce it by a day for each day they're on strike.įor example, an employee might get extra holiday entitlement after 3 years of continuous employment. Going on strike does not break someone's length of service. In most cases, employees should get their usual sick pay.įind out more about sick pay Other types of leaveĪn employee's leave and pay will not be affected by strikes if they're on: If someone is off sick during a strike, the usual rules apply for sick pay and sick leave. If an employer cancels leave, the employee can choose whether to work or go on strike. The notice must be at least the same number of days as the leave that's been booked.įind out more about asking for and taking holiday HolidayĮmployers will usually pay if someone is on annual leave during a strike.Īn employer could choose to cancel leave. In some circumstances, they might get money from their union. PayĮmployers do not need to pay anyone who is on strike.Įmployees who go on strike will not usually get their pay or other contractual benefits like pension contributions. In an official strike, employees are protected by law. A strike is unofficial if a trade union does not follow the rules, or employees take action that's not authorised by a union. This includes holding a ballot for members to vote. Going on strike is a type of industrial action where employees refuse to work.Īn official strike is when a trade union has followed all the legal rules. Making a claim to an employment tribunal.Discrimination, bullying and harassment.Dealing with a problem raised by an employee. Health, safety and wellbeing when working from home.Recording and reducing sickness absence.Getting a doctor's report about an employee's health.Consulting employees and their representatives.
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