Workplace reps
[ch 6: page 181]Workplace reps can claim the section 219 immunities relating to lawful strikes. They are protected if they induce someone to break or interfere with any 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 above). They can picket their workplace, persuade others to strike, and ask workers not to deliver goods.
Under the TUA 16, pickets are only protected by the immunities if they are supervised by a “picket supervisor” (see page 193: 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 when calculating the 12-week period (section 28, Employment Relations Act 2004 (ERA 04)). See Chapter 10, page 360).