Empty platforms at Stratford station in east London during a strike by RMT workers on Wednesday, January 4
(Picture: Stefan Rousseau / PA Wire)The government will introduce new legislation to Parliament to ensure “minimum safety levels” during industrial action on Tuesday (January 10).
It is expected that the “anti-strike” bill will ensure minimum service levels in six sectors, which will include the NHS, the railways, education, fire brigade, and border security.
Union members whose employers have to maintain the minimum service levels could lose their jobs if they refuse to agree to work under the service levels. In addition, the thresholds for launching industrial action are expected to be raised.
Furthermore, legislation is being considered that would let companies sue unions and sack workers if minimum service levels were not met.
The service levels would be agreed between the Government and unions but ministers could impose them if no agreement can be reached.
But when are union members currently allowed to strike and what are the repercussions?
When can workers legally strike?
Workers can only strike if the industrial action is lawful, according to the government page on workers’ rights. This means that there must be a trade dispute, an industrial action ballot, and a written notice of industrial action.
Lawful industrial action grants trade unions statutory immunity, which means they are protected from legal action. This may be lost if the Government does introduce anti-strike legislation.
Furthermore, a trade union can only go on strike if the dispute cannot be resolved through informal negotiations and if the majority of members support taking action.
Workers on strike are allowed to picket outside their place of work as long as they picket peacefully and do not break any laws.
In July, the Government changed the law to raise the maximum damages courts can award against unions for unlawful strike action, from £250,000 to £1 million.
Do workers get paid while on strike?
Employers do not have to pay employees who go on strike if they do not fulfil the terms of their employment contract.
Employers can deduct the amount the employee would have earned during the strike. For example, if they strike for three days, the employee can take three days’ pay off their wages.
An employer cannot deduct money from employees’ wages if they were not due to work on the day of the strike.
Does striking affect your employment?
The days that workers strike do not count towards their total length of service, which could affect things like pensions or statutory pay.
Employers cannot dismiss employees for striking within 12 weeks of the industrial action. They cannot dismiss some employees for taking action, nor can they dismiss all employees then rehire only some of them.
If the employer does any of the above, it may face unfair dismissal claims.
Can an employer replace staff during a strike?
Previously, employers could not hire agency workers to take the place of staff during strikes.
However, the Government introduced a new law in July that allowed businesses affected by industrial action to use temporary agency workers to fill staffing gaps.
Employers can also ask non-union employees to cover work during a strike if it is allowed by their employment contracts.
