Within certain conditions they have always had that right.
https://www.gov.uk/industrial-action-st ... ial-action" onclick="window.open(this.href);return false;
3. Your employment rights during industrial action
You have the right to take industrial action and you can’t be legally forced to stay at, or go back to, work (unless a ballot wasn’t organised properly).
If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer:
is unlikely to pay for the work you didn’t do when you took industrial action
can sue you for breaking your contract (this doesn’t happen often)
Taking industrial action doesn’t usually mean that your employer will say you’ve broken your period of continuous employment with them. This begins when you start working for your employer and ends on the day your employer uses to calculate your length of service.
However, if you take industrial action, your employer will reduce your length of service with them by the number of days you were on strike. This is important when working out your pension and things like statutory redundancy pay.
Dismissal for industrial action
You can’t be dismissed for industrial action if:
it’s called as a result of a properly organised ballot
it’s about a trade dispute between workers and their employer (eg about your terms and conditions)
a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins
You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began.
After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.
When you may be dismissed
You could be dismissed for taking part in industrial action if:
the union hasn’t held a properly organised ballot
the union hasn’t given the employer the correct notice for balloting members or taking action
the union hasn’t called its members to take action because they think the dispute is settled or action is called by someone who doesn’t have the authority to do so
it’s in support of workers taking action against another employer (otherwise known as ‘sympathy’ or ‘secondary’ action)
it’s in support of only employing union members (otherwise known as a ‘closed shop’)
it breaks any other parts of industrial action law
If you take part in industrial action that breaks the regulations and you’re dismissed, you can’t usually claim unfair dismissal if all employees taking part are dismissed as well.
There’s more detail on legal rights and protections in the guidance on industrial action and the law.
Industrial action by non-union members
Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action.
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Strikes regarding pensions.
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TrueBlueTerrier
- FORUM ADMINISTRATOR
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Strikes regarding pensions.
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My sharing of news articles should not be interpreted as an endorsement or condemnation of any particular viewpoint or the issues presented. I share them solely for informational purposes.
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Lounge Lizard
- EX ROYAL MAIL
- Posts: 9458
- Joined: 06 Aug 2007, 21:54
Strikes regarding pensions.
Surely the CWU must realise that it wouldn't be supported on strikes about pensions.ranger1 wrote:Not sure about this, but if the union call for strikes over pensions, will it affect our terms and conditions,,, that where legally binding but only if there where no strike action...
If there is strikes, royal mail have the right to tear up the terms and conditions of employees' contracts....