With the current uncertainty in today’s economy and wages not being in proportion with the cost of living, you won’t have missed that strikes are being held nationally by unions, often but not always, to obtain an increase in wages.Yesterday for example teachers, rail and bus workers, university staff, and civil servants were amongst those on strike. Only police officers are fully banned from striking. Strikes can create a lot of uncertainty for employers, leaving them unsure on whether their own staff can or will strike. Strikes can cause a delay in service delivery as well as a financial strain on businesses so it is essential that employers understand what exposure they have to strikes in order to protect their business.
Can the employees in my business strike?The starting point is that, only an employer who has a recognised union is at risk of a legal strike.If there is an recognised union, there is still a formal process which must be followed and thresholds which need to be reached in order for the strike to be legal – a ballot must be held and must reach a 50% turn out with a majority voting in favour of strike action and at least 14 days’ notice must be given to the employer in order to allow time to prepare.For members in listed ‘important public services”, such as the ambulance service, 50% must turn out and vote with at least 40% of all those entitled to vote (not just of those who actually voted), voting in favour. Those on strike, are not entitled to be paid but as long as the industrial action is lawful, union and non-union members are allowed to go on strike and remain protected from dismissal.If an employer considers any strike does not comply with the correct statutory process, then it can apply to the court for an injunction to prevent the strike and if successful, workers who still go on strike would no longer be protected from dismissal.No recognised union?If however there is no recognised union within your business, , if you have over 21 employees, employees can support a union to apply to have it recognised. If and when recognised, then the union could hold a strike ballot.There is again a statutory process and thresholds required for this which starts with the union applying to be recognised voluntarily which must be in writing and include:
- The name of the union
- Identify the “bargaining unit” ie the group of employees who will be represented by the union
- State that the union is making the request under Schedule A1 of the Trade Union and Labour Relations Act 1992
As an employer, you have 10 working days to respond to the request. You can agree to recognise the union voluntarily or you can also refuse the request but agree to negotiate on terms of recognition, meaning you will have 20 working days to come to agreement with the employees on which employees are in the union and whether there should be a recognised union.If you cannot come to an agreement or alternatively you reject the request, employees have the right to apply to the Central Arbitration Committee for statutory recognition. More information can be found here.It is always an idea to have an open door policy with your staff for any concerns or issues that they may face, it can help build a bridge between both parties so that you can gauge any issues that may arise, it will also allow the employees to have the confidence that their problems are being heard.Future changes to legislation?On Tuesday, the government announced a proposed law to make it tougher for workers planning strikes where some workers would be required to continue working during a strike to ensure a “minimum level of service”. The sectors covered are:
- The NHS
- Transport
- Education
- Fire and rescue
- Border security
- Nuclear decommissioning
To meet minimum staffing levels – which are still to be announced – employers would be able to issue a “work notice” stating the workforce they need. Employees named on the work notice would lose their right to protection from unfair dismissal if they then went on strike. The proposals will not affect strikes happening now, as Parliament needs to approve the changes and whilst MPs have backed the plans, they will need to also pass the House of Lords where there is expected to be lower support. Unions have already threatened legal action if the new law is passed, while Labour says it would repeal it if it wins the next election. As ever, I’ll keep you updated. If you would like any further guidance or legal advice on strikes, please feel free to contact me directly.