Checklist

Immunity from tort claims

The requirements for a trade dispute potentially covered by immunity from tort claims are that the dispute:

• is with an employer in the UK;

• only involves the workers of the employer in dispute;

• is between workers and their employer;

• is not in support of a “closed shop”;

• is not to press for a union-labour only clause in a commercial contract;

• is not to seek reinstatement of sacked unofficial strikers; and

• is not purely for political ends.

Ballot notification stages

• Stage 1: When taking a decision to ballot for industrial action, a union must first notify the employer in writing at least seven days before the ballot that the union intends to hold a ballot, the date when it believes the ballot will begin, and either (a) a list of the categories of worker and workplaces, with numbers or, (b) if the employer makes deductions for payments to the union, a check off list, either the same list as in (a) above, or such information as to enable the employer to identify the employees concerned.

• Stage 2: The employer must have received a sample copy of the ballot paper no later than three days before the ballot commences, .

• Stage 3: The union has to notify the employer of the outcome as soon as possible after the ballot result has been declared, .

• Stage 4: After the stage 3 notice, and at least seven days before the industrial action (which has been the subject of the ballot) begins, the union has again to notify the employer in writing giving information on the number, category or workplaces of the employees being called upon to take action; the date when the action will begin, or the date of each if planning a series of stoppages; a statement that it gives notice under section 234 TULRCA; and the lists of categories of workers and workplaces as for Stage 1. The notice must also specify whether the action planned is continuous (giving the intended date when it will commence) or discontinuous (giving the intended dates when it will occur).