Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Industrial action / strikesTrade unions

Unite union paves the way for unlawful strikes

by Jo Faragher 13 Jul 2015
by Jo Faragher 13 Jul 2015 Unite's Len McCluskey at an anti-austerity march/LNP REX Shutterstock
Unite's Len McCluskey at an anti-austerity march/LNP REX Shutterstock

The UK’s biggest union, Unite, has passed a motion to remove a clause in its rules that requires members to remain within the law when staging protests, it has been reported.

Speaking at the union’s conference this weekend, general secretary Len McCluskey said that he would not see his union “rendered toothless by passively submitting to unjust laws”.

Industrial action resources

Podcast: Trade unions and industrial action – what employers need to know

Legal timetable: New law on ballot voting thresholds for unions to take strike action

Industrial action reform: the Government’s proposals

He added that the union, which has almost 1.5 million members, was right to question “a commitment to stick, under any and all circumstances, within the law as it stands, and as the Tories are preparing to change it”.

Members approved the removal of the words “so far as may be lawful” from rules governing the union’s actions, effectively clearing the way for unlawful strikes.

The Government, meanwhile, is preparing to rush through its Trades Union Bill, which was announced in May’s Queen’s Speech.

It is thought that the Bill, which imposes minimum turnout thresholds on strike ballots and requires 40% of eligible voters who work for essential services such as fire, health and education to back a strike before it can go ahead, will be introduced this Wednesday.

At present, a strike can go ahead as long as there is a majority, even if turnout is low. Under the new rules, a strike would only be lawful if the ballot attracted at least a 50% turnout.

The legislation will also impose further restrictions on picketing and a repeal of the current rule preventing the use of agency workers to cover for striking employees.

Last week a 24-hour tube strike over pay increases and bonuses for drivers working on a new night-time service caused chaos for employers and commuters in London.

Although McCluskey avoided advocating law breaking in his speech, he said that the union was “ready for the fight”. He added: “We will, I believe, find allies among everyone who cares for freedom and democracy.”

But Tom Kerr Williams, an employment partner at DLA Piper, warned that employees taking part in unlawful strikes could be taking a risk.

He said: “Lawful strikes are protected by ballot and unions have, of late, been wary of taking unlawful action because of the legal implications associated.”

“Where a strike is not protected by a ballot, unions can be liable for damages up to £250,000, which might not cover the total cost of employers, but could have significant financial impact for the unions.”

He added that employees taking part in unlawful strikes could find themselves in breach of contract, and eligible to be fairly dismissed.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“While this announcement is, in part, sabre rattling by Unite, targeted unlawful action can be incredibly disruptive and we could see a return to some ‘carry on at your convenience’ activity with shop stewards calling employees out without warning,” said Kerr Williams.

“Employers need to remain vigilant and remember that they have a number of legal options at their disposal to limit strike activity. Unite’s recent announcement will not change this, and employers should keep their legal options under review if faced with such action.”

Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

previous post
Is the “national living wage” worth shouting about?
next post
Gender pay reporting for large employers expected in 2016

You may also like

Unions ponder strike action after public sector pay...

23 May 2025

Public sector workers gain pay rises of up...

22 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

Nurses threaten strikes if pay demands not met

12 May 2025

How can businesses build protections for gig workers?

7 May 2025

Two-thirds of school leaders suffering mental ill health

6 May 2025

Resident doctors to ballot for strike action

2 May 2025

Ofgem workers ballot for strike action

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+