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If there鈥檚 a workplace dispute at your business, you should try to resolve it informally or through an impartial third party (arbitration).

You could work with a trade union to solve a dispute as well as with non-union employee representatives.

If you cannot resolve a dispute, workers in a recognised trade union may consider taking industrial action.

A trade union can only call for industrial action if:

• the dispute cannot be solved by informal negotiations or arbitration
• a majority of the members involved support it through a postal ballot (before organising one, the union has to decide which members it wants to ask to take industrial action)

Types of industrial action might include a strike or action short of a strike, for example not working overtime.

If workers go on strike, you do not have to pay them for the hours lost.

Using agency workers to provide cover during a strike

You cannot hire agency staff to provide temporary work cover during a strike.

Agency workers already in place as part of your normal business can carry on as usual.

Check the rules around non-union employees and strikes.

Dismissing workers who take industrial action

As an employer, you may face unfair dismissal claims if you dismiss:

• employees within the first 12 weeks of lawful industrial action for taking part
• some workers for taking part in the action, but not others
• all employees but re-hire only some of them

Trade unions only have statutory immunity if the industrial action is lawful. Statutory immunity means that trade unions and their members are protected from legal action in civil law.

When industrial action is lawful

There must be:

• a trade dispute (a dispute between you and your workers about employment-related issues)
• a properly-conducted industrial action ballot
• a written notice of industrial action sent to you

The industrial action must not:

• be secondary action - for example, action taken by workers whose employer is not involved in the trade dispute
• be in support of an employee dismissed for taking unofficial industrial action
• promote closed-shop practices (such as when employers agree to employ only union members) or enforce trade union membership against non-union firms
• involve unlawful picketing

When civil proceedings can take place

If the union or individuals do not follow these conditions, they do not have statutory immunity. This means that you and anyone else affected by the industrial action can take civil proceedings in the courts as long as all the following apply:

• an unlawful, unprotected act has happened or been threatened
• the action breaks a contract that you鈥檙e a party to
• you鈥檝e suffered, or are likely to suffer, loss as a result

You can ask your employees if they鈥檙e planning to strike, so that you can tell what effect the strike will have - but they do not have to tell you their plans.

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 鈥榩artial performance鈥�. If you refuse to accept partial performance, you must tell employees that:

• they should only attend work if they fulfil their contractual duties
• if they do not fulfil the terms of their employment contract, you do not have to pay them

If you do accept partial performance, you must still pay employees for any work that they have done.

How much pay to deduct during a strike

You should only deduct the amount that the employee would have earned during the strike. How you work this out may depend on how they are paid (for example, hourly, weekly or monthly) and on the terms of their employment contract.

You cannot deduct an employee鈥檚 pay if they were not supposed to be working on the day of the strike.

Effect on continuous employment and length of service

If employees return to work after the strike, their continuous employment is not affected - they continue to be employed by you. This means that the terms and conditions of their employment contracts still apply during and after the strike.

However, days when they were on strike do not count towards their total length of service - this may be important for working out things like statutory redundancy pay or pensions.

During the strike, workers and union reps may stand outside the place of work to explain why they鈥檙e striking and try to persuade others to join the strike. This is called picketing. It鈥檚 only lawful if it鈥檚:

• carried out near or at the strikers鈥� usual place of work (unless they are mobile workers)
• done peacefully, without abusive or threatening behaviour
• not breaking any criminal laws - for example, damaging property or obstructing roads

You may be able to take legal action if picketing is unlawful.

You can ask non-union employees to cover work during a strike, as long as:

• this is allowed by their employment contracts
• you do not discriminate against any employee directly or indirectly

Non-union staff and striking

If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.

Agency staff

You cannot hire agency staff to provide temporary work cover during a strike.

Agency staff who are already in place as part of normal business can carry on as usual.