Industrial action

A dispute over a transfer to another employer can amount to a “trade dispute” (a dispute between workers and their employer over their terms and conditions) and therefore can be the basis for industrial action (Westminster City Council v UNISON [2001] EWCA Civ 443). However, the dispute must relate to the terms and conditions of those who are affected by the transfer. In University College London Hospital NHS Trust v UNISON [1999] IRLR 31, industrial action aimed at getting guarantees from their current employer about the terms and conditions of future workers who might be employed by the new employer was not a trade dispute.

The normal legal rules apply — there must be a properly conducted ballot, with appropriate notice given to the employer. These rules are set out in LRD’s annual employment law guide Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1664).