How to Take Industrial Action In The Workplace

If there is a dispute in your workplace that is unable to be resolved through talks and negotiation then you may feel the need to take industrial action. This is not a move to be taken lightly and there are a number of things you need to consider before taking action. It can be an effective way of making your company take notice of your grievances but if you don’t go about it properly then you could find yourself without a job.

Types of Industrial Action

The three main types of industrial action that you could take are:

• A strike
• Action short of a strike
• Lock out

The most well known of these is where workers stop working and go on strike. Often this is just for a day to make their point but it can go on for longer. You may choose to take action short of a strike instead though which can mean actions such as go-slows or overtime bans. The other type of industrial action is when the employer is responsible for stopping workers from doing their jobs.

How To Take Industrial Action

If you decide to take industrial action you need to make sure that you do it officially through a union and follow the right procedures. Otherwise you will have no backing if your company decides to dismiss you. Firstly, industrial action must only be taken for a legitimate dispute with an employer where other avenues to resolve it have been exhausted. Then the union must hold a secret ballot and the majority of members must vote to take industrial action. After this the union must give the employer a detailed statement of the action at least seven days before it takes place.

What Could Happen

If your colleagues go on strike you do not have to join in and can choose not to strike. If you do decide to take part in the industrial action you need to be aware of the consequences. Your employer has every right not to pay you as you will be in breach of your contract and can also take away your benefits. They can sack you too but as long as you have taken the correct procedures and the action was ‘official’ then you will be able to claim for unfair dismissal.

Getting Help

Before you consider taking any type of industrial action you need to consult your union first. If you have taken action and been dismissed then you need to find out about taking your employer to an employment tribunal. For more information about unions contact TUC or talk to ACAS about any work disputes.

Taking industrial action can be an effective way of making your voice heard but you need to make sure that you and your union go about it in the right way. Be sure to conduct a secret ballot and give your employer good notice of the action otherwise, if they decide to dismiss you, you may not be able to claim that it was unfair.