Strike Laws.

Strike Laws and Industrial Action

Employees may take industrial action when a workplace dispute cannot be resolved through negotiation. Industrial action can include a complete refusal to work, commonly called a strike, or action short of a strike, such as refusing overtime or working strictly to contractual terms. The right to strike is protected by law, but it is not unrestricted. Trade unions must follow detailed rules governing ballots, notices and the organisation of industrial action.

What Is Industrial Action?

Industrial action commonly arises from disputes concerning:

• Pay and working conditions
• Working hours and shift arrangements
• Pensions
• Redundancies and workplace restructuring
• Health and safety
• Changes to employment contracts
• Trade union recognition and representation

Industrial action may involve a complete withdrawal of labour or a more limited refusal to perform particular duties.

When Is a Strike Lawful?

For a trade union to receive legal protection when organising industrial action, the dispute must generally be a genuine trade dispute between workers and their employer. The union must also comply with the statutory requirements governing the ballot and notification process. A union that fails to follow the correct procedure may lose its protection from legal action. An employer may then apply to the court for an injunction to prevent the industrial action from proceeding and, in some circumstances, seek compensation.

A Ballot Must Be Held

A trade union cannot lawfully call industrial action merely because its officers or representatives support it. The workers who may be asked to take part must first be allowed to vote in a properly organised ballot. The ballot must currently be conducted by post and independently scrutinised where required. Voting must be secret, and members must be free to vote without interference. Industrial action must receive the support of a majority of those who vote.

Notice of the Ballot

The union must give the employer advance notice that it intends to hold an industrial action ballot. The notice must normally reach the employer at least seven days before the ballot opens. It must provide the information required by law about the employees who are expected to take part. The union must also provide the employer with a sample of the ballot paper and later notify the employer and members of the ballot result.

Notice Before Industrial Action Begins

A successful ballot does not allow workers to strike immediately. The union must give the employer written notice of the proposed industrial action. Under changes introduced in February 2026, the required notice period is normally at least 10 days. The notice should explain whether the proposed action is a strike or an action short of a strike and identify the dates on which it is expected to take place.

How Long Does a Strike Ballot Remain Valid?

A successful industrial action ballot now normally provides a mandate for 12 months. Industrial action must begin and continue within the period covered by that mandate. A new ballot may be required if the dispute continues beyond it. The union and employer may also agree on arrangements intended to facilitate further negotiations.

Can an Employer Stop a Strike?

An employer cannot normally prevent properly balloted and lawfully organised industrial action simply because the action will cause inconvenience or financial loss. However, the employer may apply to the court for an injunction if it believes that:

• The ballot was not conducted correctly
• The required notices were not provided
• The action is not connected to a lawful trade dispute
• Workers who were not properly balloted are being called upon to participate
• The union has otherwise failed to comply with the statutory procedure

Courts may act quickly in industrial action cases, particularly where a strike is due to begin shortly.

Can Employees Be Dismissed for Striking?

Employees taking part in protected industrial action have legal protection against unfair dismissal. From 18 February 2026, the previous 12-week limit on that protection was removed. Protection can now apply for the full duration of protected industrial action. This does not mean that every person who refuses to work is automatically protected. The action must be officially authorised or endorsed and must satisfy the relevant legal requirements. Employees taking unofficial or unlawfully organised action may have significantly less protection and should obtain advice before refusing to work.

Will Employees Be Paid While on Strike?

Employees are not normally entitled to receive wages for periods during which they are on strike. An employer can generally make a reasonable deduction for time not worked. The correct deduction may depend on the employment contract, salary arrangements and length of the industrial action. Disputes sometimes arise where employees take action short of a strike. An employer may refuse to accept partial performance and may withhold pay, although the legal position will depend on the circumstances. Some trade unions provide strike pay or hardship assistance to members, but this is not the same as normal wages and depends on the union's rules.

Action Short of a Strike

Action short of a strike can include:

• Refusing voluntary overtime
• Working strictly to contractual hours
• Refusing additional duties
• Following every workplace procedure strictly
• Refusing to use particular systems or equipment

Whether such action breaches the employment contract will depend on what the employee is contractually required to do. Employees taking protected action short of a strike now receive the same extended dismissal protection as those participating in a complete strike.

Minimum Service Levels

The Strikes (Minimum Service Levels) Act 2023 allowed minimum service requirements to be imposed in certain public services. That legislation was repealed in January 2026 under the Employment Rights Act 2025. Employers can no longer issue statutory work notices requiring named employees to work during industrial action under that system. Emergency services, employers and trade unions may still make voluntary contingency arrangements, but the former statutory minimum service level regime no longer applies.

Picketing

Peaceful picketing can be lawful where it takes place at or near a person's own workplace and is intended to communicate information or peacefully persuade others not to work. Pickets must not:

• Use violence or threats
• Intimidate workers or members of the public
• Block access to the workplace
• Damage property
• Harass people entering or leaving
• Commit public order or other criminal offences

The previous statutory requirement for a union to appoint a named picket supervisor was removed in 2026. Nevertheless, unions remain responsible for ensuring that picketing is conducted peacefully and lawfully.

Can Workers Be Forced to Cross a Picket Line?

Employees who have not been called to take industrial action will normally remain contractually required to attend work. A person may decide not to cross a picket line, but refusing to work without legal protection could be treated as unauthorised absence or a breach of contract. Employees who believe that crossing a picket line would expose them to violence or a serious safety risk should notify their employer and trade union immediately.

Health and Safety During a Strike

Employers continue to owe health and safety duties during industrial action. They must assess whether the workplace can operate safely with reduced staffing and whether remaining employees are properly trained and competent. Workers should not be required to carry out unfamiliar or unsafe duties to replace striking colleagues. An employee who reasonably believes that they face serious and imminent danger may have separate protections under employment law, but this is different from taking industrial action.

Can Agency Workers Replace Striking Employees?

The rules surrounding the use of agency workers during strikes have been subject to legal and legislative changes. Employers and employment businesses should obtain current advice before arranging agency cover for workers taking industrial action. Using temporary staff improperly may result in legal or regulatory consequences.

Unofficial Industrial Action

Industrial action is unofficial where it has not been properly authorised or endorsed by a trade union. Employees taking unofficial action usually have much weaker protection from dismissal. An employer may be able to dismiss participants without the ordinary right to claim unfair dismissal, provided it treats those taking part consistently as required by law. Employees should therefore seek advice from their union or an employment solicitor before joining an action that has not been officially called.

Resolving a Workplace Dispute

A strike is usually a last resort. Employers and unions should attempt to resolve the dispute through negotiation wherever possible. Possible options include:

• Collective bargaining
• Workplace grievance procedures
• Conciliation through Acas
• Mediation
• Independent arbitration
• A temporary agreement while negotiations continue

An agreement reached before industrial action begins can avoid financial loss, disruption and damage to long-term workplace relationships.

Legal Advice About Strike Action

Industrial action law is technical, and procedural errors can have serious consequences for unions, employers and employees. Trade unions should ensure that ballots and notices meet the statutory requirements before calling members to take action. Employers considering an injunction, withholding pay or dismissing an employee should obtain legal advice before acting. Employees should seek advice where they are uncertain whether industrial action is official, protected or likely to place their employment at risk. An employment law solicitor can advise on strike ballots, industrial action notices, dismissal, pay deductions, picketing, union rights and workplace dispute resolution.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance onl. It should not be relied upon as a substitute for advice from a regulated solicitor, trade union, ACAS or another suitably qualified professional. Industrial relations law can change, and the legal position will depend on the facts of each dispute.

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