Official industrial action means that the trade union has authorised or endorsed the action. A strike or industrial action is an action taken caused by a dispute between Trade Union members and employers. 12 Briefly, explain the differences between conflict and misbehaviour at work and between official and unofficial industrial action.
Full Answer
What is classed as industrial action?
An industrial action is any action which may affect the terms of a contract which is taken by workers acting together to compel their employer “to accept or not to accept terms or conditions of or affecting employment.” Examples of industrial action include a work to rule, a picket, an overtime ban or a strike.
What are legal strikes and how do they happen?
Strikes or industrial action can happen for a variety or reasons and there are various rules to follow when holding legal strikes. We've pin-pointed some of the key facts. What is a strike? A strike or industrial action is an action taken caused by a dispute between Trade Union members and employers.
What is the definition of taking industrial action and striking?
It happens most if the employer does not take reasonable steps to solve the industrial walkout. A description or definition of taking industrial action and striking would be if: The workers refuse to perform their usual job tasks, 'down tools', and go on strike.
What is the difference between a trade dispute and industrial action?
Under Section 8 of the Act a trade dispute “means any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”. An industrial action is any action which may affect the terms of a contract which is taken by workers acting...
What is the meaning industrial action?
/ɪnˌdʌs.tri.əl ˈæk.ʃən/ an occasion when workers do something that is intended to force an employer to agree to something, especially by stopping work: Workers at the plant are threatening industrial action. Industrial action.
What is the meaning of strike actions?
us. a situation in which a group of workers refuse to work because they are not satisfied with their pay, working conditions, etc.: White-collar workers are expected to announce strike action today after a breakdown in talks to resolve a pay dispute.
What does strike mean in industrial relations?
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage, caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines.
What are the two types of strikes?
The main types of strikes covered by the NLRA are: Unfair labor practice strikes, which protest employers' illegal activities. Economic strikes, which may occur when there are disputes over wages or benefits.
Is a strike an industrial action?
Industrial action can take several forms. Employees may go on strike (i.e. refuse to attend or perform work) or impose work bans (i.e. refuse to perform all their normal duties).
What do you mean by strike?
intransitive verb. 1 : to take a course : go struck off through the brush. 2a : to aim and usually deliver a blow, stroke, or thrust (as with the hand, a weapon, or a tool) b : to arrive with detrimental effect disaster struck. c : to attempt to undermine or harm something as if by a blow struck at …
What are the four types of strikes?
Incidents where employers lock out their employees before a strike are rare; more often, a strike precedes a lockout....Strikes and lockoutsconstitutional or official strikes.unofficial strikes.sympathetic strikes.More items...
What happens during a strike?
During a strike the company loses money every day that striking workers are able to shut down production. Often companies try to bring in new workers to take the place of striking workers. These new workers must cross lines of picketing strikers to enter the workplace. This usually upsets the strikers very much.
Why do employees take industrial action?
Industrial action occurs when members of a trade union organise into a group that either refuses to work, or refuses to work in the way employers want. You should only take industrial action with the support of UNISON. Industrial action can involve a strike or action short of a strike.
What is the most common type of strike?
The following are the most common types of strikes, some of which are illegal:Wildcat strike A strike that is not authorized by the union that represents the employees. ... Walkout An unannounced refusal to perform work. ... Slowdown An intermittent work stoppage by employees who remain on the job.More items...
What are the most common strikes?
Economic Strike: Under this type of strike, labors stop their work to enforce their economic demands such as wages and bonus. ... Sympathetic Strike: ... General Strike: ... Sit down Strike: ... Slow Down Strike: ... Hunger strike: ... Wild cat strikes: ... All-out strike:
Why do employees go on strike?
Thousands of workers across the U.S. are on strike, demanding better wages, better working conditions and more benefits. In what some have called "Striketober," workers in factories as well as the health care and food industries have either started or authorized strikes in the past month.
What are different types of strikes?
Economic Strike: Under this type of strike, labors stop their work to enforce their economic demands such as wages and bonus. ... Sympathetic Strike: ... General Strike: ... Sit down Strike: ... Slow Down Strike: ... Hunger strike: ... Wild cat strikes: ... All-out strike:
What happens when you go on strike?
If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer.
Why do employees strike?
A strike takes place to resolve a dispute between the employees and their employer. The dispute must be about something in the employer's control, for example, wages, improved working conditions and other disputes of mutual interest. While employees have the right to strike, an employer has an option to lock-out.
How do you handle a strike situation?
Strike Handling Tips For BossesPlan your counter action. ... Identify ringleaders and ensure they can be got hold of. ... A boss when faced with a strike should get seasoned legal advice. ... Public interest in a strike can call for careful media handling. ... Instructions to cross picket lines need careful thought.
What is the difference between strike and industrial action?
Strike action is when a trade union decides that all, or a group of, its members will refuse to work. There may also be a picket line. This is where the people on strike gather in protest outside their place of work. They might encourage the people going into work to strike, or to take some other action, such as only some of their work, or do their work as slowly as possible (' go slow industrial action '). They might just be there to raise awareness of the issue in dispute.
What causes industrial action?
Big companies have a lot of power. Even more so in a job market where there are many qualified workers and a limited number of jobs. As an employee it can seem as though you have little to no power over the terms of your employment and that if you don't like them, you're disposable and replaceable.
What happens if I don't strike with my union?
They cannot exclude or expel you for not taking part. If they do, our employment solicitors can help you bring a claim to the employment tribunal.
Do workers get paid when on strike?
No. While you are on strike you are in breach of contract. Your employer can pay you if they choose to but they are under no obligation to pay you at all.
What is industrial action?
Industrial action usually happens when a dispute in the workplace can't be resolved through negotiation. There are three main forms of industrial action: strike - where workers refuse to work for the employer. action short of a strike - where workers take action such as working to rule, go slows, overtime bans or callout bans.
How long can you be dismissed for taking industrial action?
it has been called for by someone in the trade union with proper authority. If you are dismissed for taking industrial action for 12 weeks or less (including a period of just a few hours or days), you will be able to make a claim for unfair dismissal and your dismissal will be unfair.
How long does it take to complain to the Industrial Tribunal?
If you're disciplined for not taking action or for crossing a picket line, you can complain to an Industrial Tribunal within three months of the disciplinary action.
How long does a notice of action have to be given to an employer?
detailed notice about the action has been given to the employer at least seven days before it commences
How long does it take for a union to take action?
If there is majority support, the action must begin within four weeks of the ballot or eight if it's agreed between union and employer.
What happens if workplace disputes are not resolved?
If workplace disputes are not resolved, it can lead to industrial action. Find out what protection there is for workers and when it applies and what you can do if you are punished for taking industrial action.
Is industrial action protected by law?
Industrial action is protected by law as long as: the dispute relates to a trade dispute between workers and their employer. a secret postal ballot has been held and the majority of members voting have supported the action.
What happens when a trade union calls for industrial action?
If a trade union calls for industrial action, it must involve the majority of all union members with entitlement to vote. They must organise the voting process through an official ballot.
What is the UK strike law?
UK STRIKE LAW: As a rule, industrial action laws protect your statutory employment rights. That is providing the strikes are in accordance with a properly conducted ballot. In most cases, the right to strike from work does not usually violate a worker's legal position of continuous employment.
What would a successful application for a court injunction order?
Making a successful application for a court injunction would order: The trade union to stop organising the industrial action. People who are taking part in the action to cease their strike activities. Note: It may be necessary to get legal advice to help you apply for a court injunction.
What is going on strike in sympathy with workers who work for a different employer?
Going on strike in sympathy with workers who work for a different employer is taking 'secondary action'. This type of industrial action is against the law in the United Kingdom.
What does "lock out" mean in an industrial dispute?
That means an employer stops their workers from working or coming back to the workplace.
How long is the protected period for industrial walkouts?
Employee protected period would usually get extended beyond eight weeks. It happens most if the employer does not take reasonable steps to solve the industrial walkout.
Do unions have the right to vote?
All trade union members have the right to vote. The voting process determines how to proceed with industrial action. Workers cannot get disciplined if they vote to abstain from a strike.
What is industrial action?
A key objective of the Fair Work Act 2009 (FW Act) is achieving productivity and fairness in the workplace through the implementation of collective bargaining underpinned by simple good faith bargaining obligations and clear rules governing industrial action.
Why is industrial action important?
The main importance of industrial action being protected is that it gives immunity from civil liability under State or Territory law (unless that action is likely to involve personal injury or damage, destruction or taking of property).
How does someone initiate protected industrial action?
In order to initiate protected industrial action, a bargaining representative for an employee who will be covered by an enterprise agreement must apply to the Fair Work Commission for a protected action ballot order. This application can only be made if the employer has issued a notice of representational rights to their employees. The application must specify the group of employees to be balloted, and the questions that will be put to them (which include details of the proposed industrial action).
What are the payment arrangements for a period of industrial action?
The FW Act establishes rules governing payment to employees for periods of industrial action. Where an employer is prohibited from making payment under the FW Act, it is a contravention for both the employer to make the payment and the employee (or employee organisation) to ask for, or accept payment for such periods. Penalties of up to $13,320 for an individual and $66,600 for a corporation may apply.
What role does the Fair Work Ombudsman play?
The Fair Work Ombudsman (FWO) investigates allegations of contraventions of the industrial action provisions of the FW Act, including:
How many hours of unprotected action must an employer withhold?
Where a period of unprotected industrial action is taken for less than four hours on a day, the employer must withhold a minimum of four hours payment from the employee.
What is an employee claim action?
it is action taken by employees (or their bargaining representatives) to support claims in relation to an enterprise agreement (employee claim action) or
What is industrial action?
An industrial action is any action which may affect the terms of a contract which is taken by workers acting together to compel their employer “to accept or not to accept terms or conditions of or affecting employment.”. Examples of industrial action include a work to rule, a picket, an overtime ban or a strike.
What is unfair dismissal?
Under section 5 of the Unfair Dismissals Act 1977 the dismissal of an employee for taking part in a strike or other industrial action is unfair if: One or more of the other employees taking part in the action were not dismissed. Or.
What is victimisation in employment?
The term victimisation is used to describe unfair treatment of an employee (including a manager). It does not include dismissal – see ‘Unfair dismissal’ above. If you feel you have been victimised you can make a complaint to the Workplace Relations Commission under the Industrial Relations (Miscellaneous Provisions) Act 2004 using the online complaint form available on workplacerelations.ie.
What is the law on trade disputes?
Under Section 8 of the Act a trade dispute “means any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”.
Is a strike during the last 3 years of employment a redundancy?
However any time spent on strike during the last 3 years of your employment is non-reckonable when calculating the statutory redundancy payment. Public holiday: You are not entitled to public holiday benefits if you have been absent from work immediately before the public holiday and your absence is due to a strike.
Can an employee join a trade union?
As an employee you have a constitutional right to join a trade union, you also have the right to join the union of your choice and the right to leave a union.
Can you get an exceptional need payment if you are on strike?
You won't normally be eligible for an Exceptional Needs Payment if you are involved in a trade dispute or on strike. However, a dependent adult or dependent child of a person on strike can apply. If you are out of work as a result of a strike (for example, you have been laid off), you are in a different position.
What is the difference between a strike and a protest?
Workman-Davies said that the essential difference between strike action and protest action is that strike action is aimed at exerting pressure on a particular employer or a defined group of employers.
Is protest action the same as strike action?
According to Workman-Davies, protest action is similar to strike action in that employers are not obliged to pay the salary of an employee for services that the employee does not render during a protected strike or a protected lock-out.
Forms of Industrial Action
- Industrial action usually happens when a dispute in the workplace can't be resolved through negotiation. There are three main forms of industrial action: 1. strike - where workers refuse to work for the employer 2. action short of a strike - where workers take action such as working to rule, go slows, overtime bans or callout bans 3. lock-out - a w...
Avoiding Industrial Action
- Industrial action should only be taken if it's not possible to resolve a dispute by other means, as it can be costly and damaging to both sides. There are likely to be formal arrangements for resolving disputes which usually involve your union. Sometimes it may be sensible to bring in outside help. The Labour Relations Agency (LRA) can help employers and employee representati…
Procedure For Taking Industrial Action
- Industrial action is protected by law as long as: 1. the dispute relates to a trade dispute between workers and their employer 2. a secret postal ballot has been held and the majority of members voting have supported the action 3. detailed notice about the action has been given to the employer at least seven days before it commences There's no protection for: 1. unofficial indust…
Holding A Ballot For Industrial Action
- Your trade union is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it has held a 'properly conducted secret ballot'. A ballot is the name given to the process of voting. The trade union can only call on members to take industrial action where the majority of those who voted, voted 'yes' to taking action. If there is majority support, the actio…
Taking Part in Industrial Action
- If you take industrial action, you will probably be in breach of your employment contract and your employer: 1. is unlikely to pay you for the period during which industrial action is taken 2. can sue you for breaking your employment contract (this does not happen often but is always possible) Taking industrial action does not usually break your continuous employment. However, the days …
Industrial Action by Workers Who Are Not Trade Union Members
- If you take part in industrial action when you are not a trade union member you are normally treated as taking part in unofficial action. This means that if you are dismissed while taking part in the action you normally have no right to complain of unfair dismissal. You can still claim if the reason for your dismissal was automatically unfair. You are treated as taking part in official acti…
What You Should Do Next
- Before taking any form of industrial action, always consult your union. If you're on strike you may have problems claiming state benefits. Contact your local Jobs and Benefits officefor advice. You can complain to an Industrial Tribunalif you think you've been unfairly dismissed or mistreated by your employer for taking part in Industrial Action. 1. How to resolve a problem at work
Where You Can Get Help
- For information about a particular union contact them directly or via the Britain's Unions (TUC website)(external link opens in a new window / tab)external link opens in a new window / tab You can contact your union for advice and information on industrial action. The Labour Relations Agency (LRA) and Advice NIoffer free, confidential and impartial advice on all employment rights.