Taking part in industrial action and strikes
Your employment rights during industrial action
You have the right to take industrial action and you can바카라 사이트™t be legally forced to stay at, or go back to, work (unless a ballot wasn바카라 사이트™t organised properly).
If you take industrial action, you바카라 사이트™ll probably have broken (be 바카라 사이트˜in breach of바카라 사이트™) your employment contract and your employer:
- is unlikely to pay for the work you didn바카라 사이트™t do when you took industrial action
- can sue you for breaking your contract (this doesn바카라 사이트™t happen often)
Taking industrial action doesn바카라 사이트™t usually mean that your employer will say you바카라 사이트™ve broken your period of continuous employment with them. This begins when you start working for your employer and ends on the day your employer uses to calculate your length of service.
However, if you take industrial action, your employer will reduce your length of service with them by the number of days you were on strike. This is important when working out your pension and things like statutory redundancy pay.
Dismissal for industrial action
You can바카라 사이트™t be dismissed for industrial action if:
- it바카라 사이트™s called as a result of a properly organised ballot
- it바카라 사이트™s about a trade dispute between workers and their employer (eg about your terms and conditions)
- a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins
You can claim unfair dismissal at an employment tribunal if you바카라 사이트™re dismissed for taking industrial action at any time within the 12 weeks after the action began.
After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.
When you may be dismissed
You could be dismissed for taking part in industrial action if:
- the union hasn바카라 사이트™t held a properly organised ballot
- the union hasn바카라 사이트™t given the employer the correct notice for balloting members or taking action
- the union hasn바카라 사이트™t called its members to take action because they think the dispute is settled or action is called by someone who doesn바카라 사이트™t have the authority to do so
- it바카라 사이트™s in support of workers taking action against another employer (otherwise known as 바카라 사이트˜sympathy바카라 사이트™ or 바카라 사이트˜secondary바카라 사이트™ action)
- it바카라 사이트™s in support of only employing union members (otherwise known as a 바카라 사이트˜closed shop바카라 사이트™)
- it breaks any other parts of industrial action law
If you take part in industrial action that breaks the regulations and you바카라 사이트™re dismissed, you can바카라 사이트™t usually claim unfair dismissal if all employees taking part are dismissed as well.
There바카라 사이트™s more detail on legal rights and protections in the guidance on industrial action and the law.
Industrial action by non-union members
Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action.