Picketing 



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 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 issued by the police.


For all strikes where a ballot opens on or after 1 March 2017, the TUA 16 has added a new legal hurdle before a picket can be lawful, namely the need for union supervision of pickets (section 10, TUA 16, section 220A, TULRCA).


The government has also updated the 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.