Letter of authorisation




The union must give the picket supervisor a letter stating that the picketing is approved by the union (section 220A(5), TULRCA). The letter need not include the picket supervisor’s “personal details”, and the Picketing Code (para 15) says it is the union’s responsibility to ensure that the letter does not breach data protection laws.
Only the employer involved in the trade dispute, or an individual acting on the employer’s behalf (such as a manager or a security guard) at whose workplace the picketing takes place, is entitled to see the letter (section 220A(6), TULRCA, Picketing Code para 15). There is no need to show it to members of the public or the police.




If asked by the employer or someone acting on their behalf to produce the letter, the picket supervisor must do so as soon as “reasonably practicable” (section 220A(6), TULRCA). The Picketing Code envisages a short delay in handing over the letter, on the basis that the picket supervisor may be away from the picket line. 


The arrangements contemplated in the new legislation make no allowance for the realities of the workplace, such as part-time or shift work, or childcare responsibilities (Picketing Code, para 15).
During the picketing, the picket supervisor must be present where the picket is taking place or “readily contactable by the union and the police and able to attend at short notice” (section 220A(7)(b), TULRCA). “Contactable”, says the Code, means being “able to return quickly so as to provide advice on peaceful picketing” (Code, para 13).




While on the picket line, the picket supervisor must wear “something” that readily identifies him or her as such (section 220A(8), TULRCA). The Picketing Code suggests “a tabard, armband or badge” (Code, para 16).




Section F of the Picketing Code (paras 59–61) lists the “functions” of the picket supervisor, as follows:



• to maintain close contact with police and to seek directions on how many people should be on the picket line at any one time and where they should stand to avoid obstructing the highway;




• to ensure pickets understand the law and the Picketing Code and that picketing is conducted peacefully and lawfully;




• to distribute “badges or armbands” to all authorised pickets. The Code says these should be worn during the picket so that pickets can be clearly identified. However, only picket supervisors are legally obliged to wear “something” that makes them “readily identifiable” as such in order for the picket to be lawful (see section 220A(8), TULRCA);




• to ensure that workers from other workplaces do not join the picket line and that any “offers of support” on the picket line from “outsiders” are “refused”. This is what the Code says (para 61), but there is no law against members of the public stopping to show their support for striking workers, as long as they do not cause a breach of the peace or obstruct the public highway;




• to ensure that the number of pickets at any entrance to or exit from a place of work is not so great as to cause “fear and resentment” among those seeking to cross the picket line;




• to keep close contact with their union office and with the offices of any other unions involved in the picketing; and




• to ensure that movement of essential goods and supplies is not disrupted. The Code contains a list of “essential supplies and services” including, for example, medicines, heating fuel, salt for gritting roads and food for livestock, as well as the operation of essential services — police, fire, ambulance and so on (Picketing Code, Section G).




Where there are several picket lines (for example, where a workplace such as a station has multiple points of entry), the Picketing Code says that a picket supervisor can supervise more than one picket line, provided they can attend each picket line at short notice (Code, para 13).




Picketing without a picket supervisor will not make the whole strike unlawful, but the picket itself will be unlawful, individual pickets will not be protected from claims for inducing contract breach, and will lose their protection from unfair dismissal. This will be the case even though the strike is backed by a lawful ballot. Picketing without a picket supervisor is also likely to strengthen the employer’s hand when applying for an injunction.




https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/594788/Code_of_Practice_on_Picketing.pdf