The ‘immunities’
[ch 6: page 182]Under UK law, all forms of industrial action are a fundamental breach of the employment contract. However, section 219 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) establishes “immunities” for striking workers and for the union, as long as precise statutory conditions are met, including a lawful ballot. The rest of this Chapter looks at these conditions. Unions can be taken to court for calling or endorsing unlawful action that is not covered by the immunities.
The following forms of industrial action are specifically denied the protection of the immunities, regardless of whether they are lawfully balloted: action to enforce union membership (section 222, TULRCA); action in protest at a dismissal following earlier unofficial action (section 223, TULRCA); and action intended to pressurise the employer to force a supplier or contractor to recognise a union (section 225, TULRCA).