Industrial action | Disputes and grievances | UNISON National (2024)

Industrial action

• Am I breaking my contract by taking strike action?

  Almost all effective industrial action is a breach of your contract of employment.

  However, UNISON will only ask you to strike after a lawful statutory ballot. The law protects workers from dismissal while taking part in lawful industrial action at any time within 12 weeks of the start of action. Depending on the circ*mstances, dismissal may also be unfair if it takes place later.

• Are my pension contributions affected if I take strike action?

  In some strikes, particularly short ones, employers may not withhold superannuation contributions – so taking in strike action has not generally affected pensionsm though this is a possibility.

  If your employer decides to dock your pay for the day of action, the employers do not have to pay pension contributions during that period and you will not have paid your portion of contribution for that day.

  The impact on your final pension would be extremely small but you might want to consider replacing the lost contribution.

  It is possible, with your employer’s agreement, to pay a sum equal to the employee and employer contribution and receive full credit for the day’s absence and continue to have full cover.

  Any member wishing to do this must inform their employer in writing before the absence takes place.

• Are there rules and laws on picketing?

  Picketing is a legal activity to peacefully persuade members not to go in to work.

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  Pickets should wear an armband indicating they are on duty. Placards and posters should be displayed stating “Official Picket.”

  Guidelines on picketing are set out in the union’s industrial action handbook.

  [pdf]

  The law says that picketing should be carried out at or near an entrance or exit from a site at which the picket works.

  When others who are not in dispute come into work or use these entrances or exits, pickets must not interfere with them.

• Do I have to strike if there is a vote for action?

  As a member of a democratic union we would hope that you would participate in a strike if there is a vote for strike action.

  You cannot be forced to do so, but it is part of belonging to a democratic union in which decisions are made collectively.

  We recognise that taking strike action is very serious, which is why UNISON asks you and every other member to observe the strike, if called.

  Every member who does not undermines our bargaining power and makes it harder for us to protect all our members.

• How do I initiate industrial action?

  Speak to your UNISON rep. They will identify whether a case for industrial action is possible or beneficial.

• I am facing redundancy. Won’t going on strike make it more likely I am made redundant?

  Many members might in a similar position and will share your concerns.

  But rermember: employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrial action.

  Any dismissal for taking part in industrial action in this 12-week period, regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrial action.

  Employers know this and, in the most part, are not about to risk breaking the law. But management may attempt to isolate – or indeed intimidate – individuals or small groups with the view to encouraging strike breaking.

  There may be threats concerning your careers or of disciplinary action. If this does happen, make sure you report this to your UNSION branch officers in the first instance.

  They will take this very seriously and act upon it.

  Note that there are time limits for making a complaint – normally three months less one day – so let your branch know as soon as you receive a threat concerning your career or disciplinary action.

• I’m in my first 12 months of employment – what are my rights?

  Employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrial action. Any dismissal for taking part in industrial action in the 12-week period, regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrial action.

• If I strike, will that make my service be more (or less) likely to be outsourced?

  It is difficult to anticipate the actions of all employers and there is unfortunately a lot of outsourcing going on anyway.

  UNISON has members working on outsourced contracts and has recognition with most large contractors. And of course, potential bidders for services may not find a strong staff group that is willing to stand up for their rights so appealing to bid for.

• My employer is saying that a one-day strike would be seen as a break in service and that my continuity of service would be broken. Is this true?

  No. Your continuous employment is treated as ‘postponed’ during a strike.

  See Also

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  This means that the period you were on strike for will not count toward your continuous employment, but it does not break the continuity of your period of employment.

• What if I am on sick leave?

  Workers who are absent on sick leave when a stoppage of work starts retain their right to statutory sick pay during the period of industrial action.

  If an employee reports sick on the day the action starts, the employer can be expected to make their own judgment as to whether they should be regarded as on sick leave or on strike.

  For the purposes of statutory sick pay payable in the eight weeks after a period of strike action, average earnings will reflect the lower earnings during the period leading up to the illness.

• What if I am part time?

  UNISON believes that any deduction of pay must be pro rata for part time staff. The deduction must be only for your contracted hours.

• What if I am pregnant, in my last year of service or receiving state benefits?

  It is common practice for these categories of staff to be exempted if they will suffer longer-term financial loss. Speak to your branch.

• What if I don’t want to strike?

  If UNISON decides to call for a strike, you do not have to strike as well, even though it may be in your best interests to do so.

• What if I have external work commitments, on the day of the strike?

  If your commitments are part of your normal work for your employer, you should not attend them.

• What if I take annual leave?

  UNISON does not regard anyone who takes annual leave on strike days to be taking part in the strike action.

  If you can, we would like you to postpone your leave so that you can take part in any strike action.

• Who decides on industrial action?

  UNISON members decide whether to strike or not by voting. Before any action is carried out, UNISON will ballot members on the possibility of industrial action.

  UNSION’s industrial action committee has final responsibility for approving and overseeing all industrial action.

• Will I lose my job if I engage in industrial action?

  If you engage in lawful industrial action and you are dismissed in circ*mstances where the reason or principal reason for your dismissal is that you took part in lawful industrial action, then your dismissal will be treated as automatically unfair if:

  • it is within 12 weeks of the action starting or

  • you stopped the action within 12 weeks or

  • your employer didn’t take reasonable procedural steps to resolve the issue.

• Will I lose pay and if so how much?

  Yes, we can expect employers to refuse to pay staff taking industrial action. The law makes it clear that employers can deduct pay when staff are on strike. However, where pay deductions are made these should at all times be reasonable.

  If employers decide to deduct pay from those taking strike action, your branch will seek agreement at local level for deductions of no more than 1/7th of weekly income (ie 365th of annual income) for a single whole day of strike action. Also that deductions are pro rata’d for people who work part-time or term-time.

• Will I still have to strike if I voted No?

  If the majority of the people balloted vote Yes and a strike is called, we would hope you would join your trade union colleagues by participating fully in the industrial action, in line with UNISON’s democratic decision-making process.

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Legal disclaimer

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice.

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