Workplace reps

Workplace representatives can claim the section 219 immunities relating to strikes. They are protected if they induce someone to break or interfere with a contract (not just a contract of employment), or threaten to do so, provided that they are acting “in contemplation or furtherance of a trade dispute” (see page 248). They can picket their workplace, persuade others to strike, and ask workers not to deliver goods.

A more likely response from an employer to industrial action is dismissal (see page 258: How the law aids employers). There is a right to protection against unfair dismissal in the first 12 weeks of strike action. Any days when employees are “locked out” by their employers are excluded from the calculation of the 12 weeks (Employment Relations Act 2004).

The most important thing is to ensure that any action taken is well-organised and that union solidarity is maintained. Experience demonstrates that employers are more likely to use the law when they perceive workplace organisation to be weak. However, this is not to say that representatives will never be threatened with legal action. Employers have threatened writs and in some cases issued injunctions (see page 258: How the law aids employers).