Workplace reps 


Workplace representatives can claim the section 219 immunities relating to lawful 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”. They can picket their workplace, persuade others to strike, and ask workers not to deliver goods. Once important provisions of the TUA16 are in force, they will only be protected by the immunities when picketing if their activities are supervised by a “picket supervisor” (see below: Picketing).


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 (section 28, Employment Relations Act 2004 (ERA 04)). 


The most important thing is to ensure that any action taken is well-organised and that union solidarity is maintained. Past experience shows that employers are more likely to use the law when they perceive workplace organisation to be weak. Recourse to the law by employers is likely to become more frequent once new restrictions on industrial action in TUA16 come into force.