Industrial Action and Strikes

If a dispute with staff has come to industrial action, you will need to know exactly what action you can or cannot take, so that you get the result you want whilst retaining as much staff goodwill as possible.

Industrial Action Lawyers Scotland

Workers usually take industrial action by refusing to work altogether or refusing to do certain aspects of their employment contract (part performance). Our employment lawyers can help provide your business with pragmatic legal advice on all aspects of industrial action in Scotland.

There are specific rules on the running of ballots and the information which unions must provide to employers about the result of the ballot.  Unions can get these rules wrong, in which case any strike or other industrial action would be unlawful.  We can advise the employer whether this might apply.

When industrial action is taken under a lawful ballot, employees have statutory protection about their jobs for a certain period.  However, they are still are in breach of their employment contract, and Aa a result, employers may:

  • not pay employees for the work that was not done whilst employees were taking industrial action
  • deduct days of industrial action from length of service, which may affect pensions and statutory redundancy pay
  • organise the remaining workforce not taking part in industrial action to cover the work
  • sue the employees for loss arising from the breach of employment contracts during the industrial action (this course of action is rarely   taken but remains an option)

Where employees are taking part in industrial action not covered by a legal ballot, or where the original ballot has lapsed or secondary action has been taken without a lawful ballot, employers may take action to dismiss the employees.

In many ways the key to dealing with industrial action is not only the communication and negotiations with unions, but also communication with the staff who may not be taking part.  Ben Thornber has the experience to guide you through this difficult period.

Contact Thornber Employment Law – Industrial Action & Strike Legal Advice Scotland

“For a change it was really good dealing with a real expert who knows exactly what he is talking about.”
David Shuster, Managing Director, Managed IT Experts

Read more client testimonials here.

We advise clients in Fife, Lothian, Tayside and across Central Scotland. If you are looking for clear, practical help regarding industrial actions or strikes from a real expert, give Ben a call today on 01383 27 2000 or fill out our online enquiry form – arrange your initial discussion today.