LRD guides and handbook July 2021

Law at work 2021 - the trade union guide to employment law

Chapter 6

Picketing

[ch: 6: page 201]

Under section 220A, TULRCA, workers “in contemplation or furtherance of a trade dispute” can lawfully picket at or near their place of work, provided the purpose is only peacefully to obtain or communicate information, or to persuade any person not to work. They can picket peacefully to persuade workers and others, such as suppliers, not to cross the picket line, but anyone who decides to cross must be allowed to do so. Unions must also comply with the criminal law on public order and should follow any directions or recommendations by the police.

The TUA 16 introduced a new requirement for union supervision of pickets. A picket is only lawful if it is supervised by a “picket supervisor” (section 220A, TULRCA).

There is an updated Code of Practice on Picketing, available from GOV.UK. The Code is not legally enforceable, but it can be taken into account in legal proceedings.