What legislation covers industrial action?
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 industrial action. The person named on the ballow paper must make a call for action before industrial action can take place.
Who can take protected industrial action?
Protected action can only be taken by an Employee after the proposed action has been approved by the FWC and subsequently voted for by eligible Employees in a protected action ballot. The Protected Industrial Action must commence within 30 days after the declaration of the results of the ballot.
What are the three types of industrial action?
There are three main forms of industrial action:
- strike – where workers refuse to work for the employer.
- action short of a strike – where workers take action such as working to rule, go slows, overtime bans or callout bans.
- lock-out – a work stoppage where the employer stops workers from working.
When can protected industrial action be taken?
What is protected industrial action? Employees and employers can only take protected industrial action when they are negotiating on a proposed enterprise agreement and that agreement is not a greenfields agreement or a multi-enterprise agreement.
Is industrial action illegal?
When is industrial action unprotected? All other industrial action is unlawful, and not protected.
Is industrial action a breach of contract?
Employees who take part in industrial action are likely to be in breach of their contract. A warning must precede any responses made to individual employees. This may avert the action and will be a significant factor if an employee complains that an employer has acted unlawfully.
How long can industrial action last?
Where the ballot opened on or after 1 March 2017 it will only be effective for and mandate industrial action that takes place within six months, beginning with the date of the ballot (which is the date the ballot closes). The six-month time limit can be extended to nine months if the union and employer agree.
Can employers take industrial action?
When an employee takes part in protected industrial action, an employer must not threaten to dismiss or discriminate against the employee. Civil action cannot be taken against employers, employees and unions who participate in protected industrial action.
What is unlawful industrial action?
Further, if the industrial action is in relation to building work, unprotected industrial action will be considered unlawful industrial action. Organising or engaging in unlawful industrial action may result in penalties of up to $44,400 for an individual or $222,000 for a body corporate.
Can apprentices take industrial action?
Apprentices have the same rights and entitlements as any other employee including: The right to annual leave, sick leave and public holidays. The right to join a union or take industrial action.
What is protected and unprotected industrial action?
Protected & unprotected industrial action Protected industrial action can occur after a list of proposed actions has been authorised by the Commission, then approved by a majority of voters in a workplace ballot process. Unprotected industrial action is industrial action that has not been authorised by the Commission.
Do you get paid for industrial action?
Deducting pay You do not have to pay employees who are on strike. If workers take action short of a strike, and refuse to carry out part of their contractual work, this is called ‘partial performance’. if they do not fulfil the terms of their employment contract, you do not have to pay them.
Can you be dismissed for taking part in protected industrial action?
You will usually be protected against being dismissed for taking part in ‘protected industrial action’. Industrial action will normally be protected industrial action if it is official action organised by your trade union in-line with the law. It will be organised in that way if:
How is an industrial action protected under S.219?
Industrial action is protected if it is official action for which the union has immunity under s.219. If the employee had not stopped taking action before the end of this period, but the employer had not taken reasonable steps to resolve the dispute, the dismissal would also be unfair.
How long does industrial action last in the UK?
For industrial action commencing on or after 6 April 2005, the length of protected industrial action is extended from eight to twelve weeks. Lock-out days, where an employer prevents striking employees from returning to work, are disregarded when determining this twelve week period.
What makes an industrial action an official action?
Industrial action is ‘official’ if it is formally backed by a trade union and members of that union are taking part in it. If you’re involved in industrial action against your employer, you’ll probably be in breach of your employment contract and you are therefore unlikely to be paid when taking industrial action.