Q. My company have a number of employees who are threatening to go on strike because they aren't happy with a pay freeze introduced because of the recession. Are they entitled to go on strike?
A. The freedom to organise and take industrial action under UK law has been described as a privilege rather than a right. On one level, a strike (and almost every other type of industrial action) is always unlawful, since the employees involved will breach their contracts of employment. However, although the breach of contract itself remains unlawful, the employer loses its ability to dismiss striking employees, provided those employees follow the correct procedures before striking.
Q. What are my remedies if they do go on strike? I won't have to pay them will I?
A. Legal remedies against employees taking industrial action are very limited and a court cannot, for example, order an employee to go to work or even to attend the workplace. However, since going on strike involves the unilateral withdrawal of the employees' labour, an employer may therefore legitimately withhold all or part of a striking employees' pay and need not pay them for the periods during which they are not working.
However, one practical issue for employers is separating those who are participating in a strike from those who are absent for other (legitimate) reasons, for example, sick leave or holiday. It is not unheard of for employees to obtain sick notes in order to make this exercise more difficult for the employer by bringing claims for unlawful deductions from wages, based on the argument that the employees were not participating in the strike.
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Patterson, Glenton & Stracey Solicitors: the logical answer
