Workplace reps
[ch 6: page 189]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. Pickets will only be protected by the immunities if they 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)) – see Chapter 10, page 372).