If you are working in the UK, you may have heard the term industrial action—especially during strikes or workplace disputes. But what does it really mean, and how does it affect you?
This guide explains industrial action in a simple and practical way. By the end, you will clearly understand what it is, the different types, and what your legal rights are.
What Does Industrial Action Mean?
Industrial action refers to steps taken by workers or employers that disrupt the normal working relationship between them. In simple terms, it is when work does not continue as usual because of a dispute.
This usually happens when there is a disagreement about issues such as:
- Pay
- Working conditions
- Hours of work
- Job security
Most of the time, industrial action is organised by a trade union and used as a last option when discussions or negotiations have failed.
Why Does Industrial Action Happen?
Industrial action does not usually happen suddenly. It is often the final step after attempts to resolve a problem have not worked.
If you are an employee, you may consider industrial action when:
- Your concerns are not being addressed
- Negotiations with your employer have broken down
- You feel collective pressure is needed to bring change
From an employer’s side, action such as a lockout may be used to respond to disputes or to apply pressure on workers.
Types of Industrial Action
Industrial action can take different forms. Some are more serious than others, depending on how much they affect the workplace.
Striking
A strike is the most well-known type of industrial action. This is when you and other workers refuse to work.
When you go on strike:
- You stop doing your job entirely
- Your employer may stop paying you for that period
- The workplace may be disrupted significantly
Strikes are often used when the issue is serious and cannot be resolved through other means.
Picketing
Picketing happens when workers stand outside a workplace to explain why they are on strike.
If you take part in picketing:
- You may talk to colleagues, customers, or the public
- You explain the reasons behind the dispute
- You try to gain support for your cause
Picketing is usually peaceful and organised by a trade union.
Action Short of a Strike
This type of industrial action allows you to keep working, but in a limited way.
Common examples include:
- Working to rule: You only do exactly what your contract requires—nothing extra
- Go-slow: You deliberately work more slowly than usual
- Refusing overtime: You stop doing extra hours
- Refusing specific tasks: You avoid certain duties
This kind of action is less disruptive than a strike but can still put pressure on the employer.
In many cases, this does not break your contract, especially if done properly.
Employer Action: Lockout
Industrial action is not limited to workers. Employers can also take action.
A lockout is when your employer prevents you from working. This may happen during a dispute to pressure workers into accepting certain terms.
Is Industrial Action Legal?
Industrial action often involves a breach of your employment contract. For example, if you refuse to work, you are not fulfilling your contractual duties.
However, UK law recognises that industrial action can be necessary. So, it provides legal protection in certain situations.
The key point is this:
Industrial action is only protected by law if it follows the correct legal process.
What Is Official Industrial Action?
Official industrial action is when a trade union follows all the legal rules before organising action.
If you take part in official action:
- You are protected by industrial action law
- You have certain rights against unfair treatment
- Your employer must act fairly
The most important requirement is a proper ballot.
What Is Unofficial Industrial Action?
Unofficial industrial action happens when the rules are not followed.
This includes situations where:
- A union does not follow legal procedures
- Workers act without union approval
- No proper ballot is held
Examples include:
- Wildcat strikes (spontaneous strikes without union support)
- Secondary action (supporting workers from another employer)
If you take part in unofficial action, you are not legally protected.
This means:
- You could be fairly dismissed
- You may lose certain legal rights
The Importance of a Ballot
Before any official industrial action can take place, a trade union must hold a ballot.
This is a vote where members decide whether to take action.
Key Requirements of a Ballot
For the ballot to be valid:
- It must happen before any action starts
- Your employer must be given at least one week’s notice
- All eligible members must be invited to vote
- The vote must be conducted by post
- The results must be shared with members
- An independent supervisor is needed if more than 50 people are involved
When Is a Ballot Successful?
- At least 50% of members must vote
- More people must vote in favour than against
If these conditions are met, the action can proceed legally.
How Long Does a Ballot Last?
Once a ballot is successful:
- The union has 12 months to take action
If action is not taken within this period:
- A new ballot must be held
Who Can Take Part in Industrial Action?
If a ballot is successful, not only union members can take part.
You can participate if you are part of the bargaining unit, which is the group of workers covered by the union’s agreement.
This includes:
- Union members (even if you did not vote)
- Workers who are not union members but fall within the group
- Trade union representatives
Your Rights During Official Industrial Action
If you take part in official industrial action, the law gives you important protections.
Protection from Unfair Treatment
Your employer must not treat you worse because of your participation.
This means you should not face:
- Bullying or harassment
- Unfair denial of training
- Reduced hours without reason
- Being ignored for promotions
This is known as protection from detriment.
Protection from Unfair Dismissal
If you are legally classified as an employee, you are protected from unfair dismissal for taking part in official industrial action.
However, this protection does not apply equally to everyone.
You may not qualify as an employee if you are:
- An agency worker
- A casual worker
- On a zero-hours contract
If you fall into these categories, you may not claim unfair dismissal, but you may still argue that your treatment was unfair.
What Happens If You Take Unofficial Action?
If you take part in unofficial industrial action, your position is very different.
You are not protected by industrial action law. This means:
- Your employer can dismiss you fairly
- You may lose legal protections
However, your employer still has responsibilities.
They must:
- Follow a fair disciplinary process
- Treat you reasonably
For example, if you refuse to cross a picket line from another workplace, your employer must assess the situation and act fairly before taking any action.
Secondary Action and Its Risks
Secondary action happens when you support workers in a dispute with a different employer.
For example:
- Refusing to handle goods from another company
- Refusing to cross another employer’s picket line
This type of action is usually considered unofficial in the UK and does not provide legal protection.
So, if you are thinking about supporting another group of workers, it is important to understand the risks.
Industrial Action as a Last Resort
In most workplaces, industrial action is not the first step. It is usually used only after:
- Discussions
- Negotiations
- Mediation
have failed.
This is because industrial action can:
- Disrupt business operations
- Affect wages
- Strain relationships between workers and employers
However, it remains an important tool for workers to collectively raise concerns and seek change.
Key Takeaways
To summarise:
- Industrial action is when workers or employers disrupt normal work due to a dispute
- Common forms include strikes, picketing, and working to rule
- Employers can also act through lockouts
- The law protects industrial action only if strict rules are followed
- A proper ballot is essential for legal protection
- Official action gives you rights; unofficial action does not
- Your employment status affects your level of protection
Final Thoughts
If you are considering taking part in industrial action, it is important to understand both your rights and the risks.
Industrial action can be a powerful way to address workplace issues, but only when it is done correctly and legally. Before getting involved, you should:
- Speak to your trade union
- Understand whether the action is official
- Be aware of how it may affect your job
By knowing the rules, you can make informed decisions and protect your position while standing up for your rights.
