![]() 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.It also outlines rights of trade union members, including the right not to be denied access to the courts, not to be unjustifiably disciplined, and to terminate membership of a union. the negotiation of conditions of employment by a group of employees) and industrial action. ![]() The Act was intended to define and govern the role of trade unions, including collective bargaining (i.e. The 1992 Act applies across England, Wales and Scotland and partially in Northern Ireland. ![]() Any violence, intimidation or harm to persons or property is also not protected. striking against employer A in sympathy with a group working for employer B) is not protected under UK law. The Act does not allow for employees to be ‘compelled’ to work by a court order. The law protects workers who are peacefully protesting, communicating or persuading people to abstain from working at or near their workplace, subject to certain limits such as limits on the numbers of pickets. The rules for legal industrial action include requiring the balloting of trade union members before action, and the reasonable notification of both the ballot and industrial action to employers. Industrial action, including strike action, is legal and protected if it follows the rules laid down in the Trade Union and Labour Relations (Consolidation) Act 1992, which should be interpreted in line with Article 11 ECHR. for the protection of security or public safety, or the prevention of crime. This right can be restricted by law, but only so far as is necessary in a democratic society, e.g. However, under Article 11 of the European Convention on Human Rights, everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests. There is no right to strike under UK law. ![]()
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