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The Right To Strike

Unlike other countries, British Law does not give employees a right to strike. It is actually illegal to strike, or to encourage or organise a strike, as you will be breaking your contractual obligation to work. If you do organise a strike, you will only be protected from legal action by your employers if you can prove that you were striking because of a 'Trade Dispute'. Official strikes, which are organised by trade unions, are only protected from legal action if the decision to strike was made by a majority vote, in a ballot of union members.

If you are dismissed whlst participating in a strike, you cannot claim unfair dismissal, unless the strike which you were particiapating in was official and protected, and you participated in it for no more that 8 weeks.

Police and members of the armed service are never allowed to participate in a strike.

What Is a Trade Dispute?

A trade dispute is a dispute between employers and employees relating to one of the following:

• The terms of employment, or the working conditions
• Dismissal, suspension or engagement of one or more employees
• Disciplinary matters
• Membership of a trade union
• Facilities available for trade union officials
• The alocation of work between employees

However, you will lose your protection from legal action if you encourage, or particiapte in the strike for one of these reasons:

• To impose or force union membership
• To protest against the employment of people who are not members of the trade union
• To force the employer to agree to reserve certain positions for trade union members
• To protest against the dismissal of someone who was
• To show support for another group of employees, who have no connection with your employer