In light of a possible national ballot on pay, Neil Todd, a trade union law specialist at Thompsons Solicitors, looks at the rights of members taking strike action
1. Duty to inform the employer
You do not have to inform your employer whether you intend to participate in strike action or not. The only information the employer is entitled to under statute is from the union and is about those it intends to ballot and then subsequently call out to take action. These notices do not contain the names of any member.
2. Dismissals
A dismissal of an employee for taking industrial action within the first 12 weeks of the action is automatically unfair. It may also be automatically unfair to dismiss the employee after those 12 weeks if the employer has not taken reasonable steps to resolve the dispute.
3. Picketing
It is lawful for members to picket their workplace in relation to the trade dispute to try to peacefully persuade people not to work on strike days. The FBU will provide further detailed guidance on picketing in due course.
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