LRD guides and handbook May 2017

Law at Work 2017

Chapter 6

Lockouts 



[ch 6: page 209]

Employers may try to anticipate a dispute or bring pressure to bear by locking out workers. A lockout is defined in section 235(4), ERA 96 to include closures or suspensions by the employer with a view to forcing workers to accept specific terms or conditions. 



Establishing when a lockout has taken place can be difficult, but it may be important for individuals claiming unfair dismissal because of the extension of the period of protection from unfair dismissal in the event of a lock out (see page 372). 



Lockouts have, until fairly recently, been rare in the UK. However, 2012 saw the lockout and eventual dismissal of 149 workers at Austrian-owned carton printer Mayr-Melnhof Packaging following protests over unfair redundancy terms — the first lockout in Britain for over 50 years. This was followed in 2013 by the Grangemouth Oil Refinery dispute in which a workforce was first locked out, and then threatened with closure of the refinery unless they conceded the employer’s demands, including cuts to pay and pensions. 



In relation to state benefits, locked out workers are treated in the same way as strikers.