What is industrialaction? Industrial action can include strike action (which is any concerted stoppage of work) or action short of strike action such as ‘go-slows’ or ‘working to rule’. Is it against the law to strike? -- -- The union must have conducted a lawful ballot of all the members it believes will be called upon to take part. The action must be over a trade dispute between workers and their employer over an issue like terms or conditions of employment and as defined in s.244 of the Trade Union and Labour Relations (Consolidation) Act 1992. The general secretary or someone else authorised by the union’s rules, must authorise any industrialaction. The person named on the ballow paper must make a call for action before industrialaction can take place. There are very strict rules about the ballot and the notice that must be given to the employer about the action. -- -- Negotiations Industrial action is a last resort. UNISON always tries to negotiate and bargain for its members before pursuing industrialaction. Picket lines A picket line is when members meet at the workplace to increase awareness and support for their cause. Picketing members may also tell other workers about the problem in the workplace. -- -- You aren’t allowed to use threatening behaviour or force to prevent others from attending work, cause criminal damage, or prevent police officers from carrying out their duties. The police, in Great Britain, can use special powers, such as obtaining an order prohibiting the picket, if the picket contains more than 20 people and they believe it may result in serious disruption to the life of the community. Dismissal for taking part in industrialaction It is automatically unfair to dismiss someone who’s taken part in any lawful industrialaction within 12 weeks of the action. Can an employer deduct your wages for taking part in industrialaction? Yes, although an employer cannot deduct more than one fifth of weekly pay for a day’s strike action. -- -- Industrial action occurs when members of a trade union organise into a group that either refuses to work, or refuses to work in the way employers want. You should only take industrialaction with the support of UNISON. Industrial action can involve a strike or action short of a strike. You must remain within the law while picketing. -- -- Will I still have to strike if I voted No? If the majority of the people balloted vote Yes and a strike is called, we would hope you would join your trade union colleagues by participating fully in the industrialaction, in line with UNISON’s democratic decision-making process. -- -- Will I lose pay and if so how much? Yes, we can expect employers to refuse to pay staff taking industrialaction.  The law makes it clear that employers can deduct pay when staff are on strike.  However, where pay deductions are made these should at all times be reasonable. If employers decide to deduct pay from those taking strike action, your branch will seek agreement at local level for deductions of no more than 1/7th of weekly income (ie 365th of annual income) for a single whole day of strike action. Also that deductions are pro rata’d for people who work part-time or term-time. -- -- I’m in my first 12 months of employment – what are my rights? Employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrialaction. Any dismissal for taking part in industrialaction in the 12-week period, regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrialaction. -- -- Will I lose my job if I engage in industrialaction? -- If you engage in lawful industrialaction and you are dismissed in circumstances where the reason or principal reason for your dismissal is that you took part in lawful industrialaction, then your dismissal will be treated as automatically unfair if: -- -- Picketing is a legal activity to peacefully persuade members not to go in to work. Pickets should wear an armband indicating they are on duty. Placards and posters should be displayed stating “Official Picket.” Guidelines on picketing are set out in the union’s industrialaction handbook. Industrial Action Handbook 2009 [pdf] The law says that picketing should be carried out at or near an entrance or exit from a site at which the picket works. -- -- How do I initiate industrialaction? Speak to your UNISON rep. They will identify whether a case for industrialaction is possible or beneficial. -- -- Many members might in a similar position and will share your concerns. But rermember: employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrialaction. Any dismissal for taking part in industrialaction in this 12-week period, regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrialaction. Employers know this and, in the most part, are not about to risk breaking the law. But management may attempt to isolate – or indeed intimidate – individuals or small groups with the view to encouraging strike breaking. There may be threats concerning your careers or of disciplinary action. If this does happen, make sure you report this to your UNSION branch officers in the first instance. -- -- What if I am on sick leave? Workers who are absent on sick leave when a stoppage of work starts retain their right to statutory sick pay during the period of industrialaction. If an employee reports sick on the day the action starts, the employer can be expected to make their own judgment as to whether they should be regarded as on sick leave or on strike. For the purposes of statutory sick pay payable in the eight weeks after a period of strike action, average earnings will reflect the lower earnings during the period leading up to the illness. -- -- Am I breaking my contract by taking strike action? Almost all effective industrialaction is a breach of your contract of employment. However, UNISON will only ask you to strike after a lawful statutory ballot. The law protects workers from dismissal while taking part in lawful industrialaction at any time within 12 weeks of the start of action. Depending on the circumstances, dismissal may also be unfair if it takes place later. -- -- Who decides on industrialaction? -- UNISON members decide whether to strike or not by voting. Before any action is carried out, UNISON will ballot members on the possibility of industrialaction. UNSION’s industrialaction committee has final responsibility for approving and overseeing all industrialaction.