UK workers have the right to go on strike if they are unhappy with their pay and working conditions. Properly organised strikes are lawful, and workers can’t be sacked for going on strike. This is despite them being in breach of the terms of their employment contract.
For this guide, we look at the topic of strike pay and how it works. Some of the workforce we are accustomed to striking include rail workers, teachers, postal services and cleaners. Older readers may remember the miners strikes during the 1980s.
What is Strike Action?
Strike action happens when employees are unhappy about their work conditions, such as their pay.
Going on strike means that staff refuse to work for an agreed length of time. This is a collective action to increase bargaining power and improve worker pay and other conditions. Strikes became a course of action during the Industrial Revolution.
Strikes are usually a last resort if negotiations involving unions and employers are unsuccessful in resolving the issues.
Do You Get Paid While on Strike?
Employers have no legal obligation to pay staff who have chosen to strike. Often, employers will make a loss on strike days as they cannot run a business with no staff.
This can mean cancelling orders, jobs, and important meetings, all of which will impact their reputation and financial interests.
In the instance where you are paid in advance, you will have any strike days deducted from your wages. Pension contributions can also be withheld by employers during any strike action. It is considered lawful for companies to withhold pay over any day(s) of striking.
The only time employers cannot deduct pay is if the strike happens on a day the worker is not contracted to work.
Union Strike Pay
Should a striking worker be part of a union, then they may receive strike pay. However, this varies greatly depending on which union they are members of. Many striking workers go unpaid during industrial action.
Trade unions will hold a secret ballot and if the majority vote in favour of striking then industrial action will go ahead.
Unions may also offer funds which will help reduce wage loss for their members. However, in many cases this will not cover pay fully. Rather, it will help soften the financial impact.
Many unions offer funds which will help out those workers for whom wage loss will cause hardship.
How Much is Strike Pay?
The amount of strike pay made available will depend upon funds available and which union striking workers are members of. Members of a union may receive payment for their strike days, depending on union funding being available.
During a strike in October 2022, Unison paid £50 a day strike pay, or matched daily pay if regular wage was below the threshold.
This type of payment helps to ensure workers are equipped to handle the everyday living costs while on strike. This payment usually comes from something called a strike fund. This is money reserved to use in the event of strike action.
Strike pay from unions is not considered tax deductible as it hasn’t come from the employer. This means any payments you receive from your union during a strike is tax free.
Strike Pay & Protections for Non Trade Union Members
Non trade union members are permitted to strike too but they will not be offered the same protection as union members.
Sometimes, employers may ask non trade union members to cover shifts in the event of a strike. This should be agreed upon in advance though, in the form of a contract.
Non trade union members are also protected from dismissal as long as the strike is considered lawful. They won’t be entitled to the pay that those belonging to the union will get, however. This means the non members will end up out of pocket if they choose to strike alongside their colleagues.
What Are the Rules for Calling a Strike?
A strike has to be carefully planned to ensure it remains lawful at all times. There are a series of steps to be followed to ensure the rules are in line with the government legislation.
1. Trade Dispute Must Be Identified.
The reason behind the strike must be made clear to all the relevant parties. This should be clearly identified as the reason for the grievance faced by the employees.
2. Notice Of The Ballot.
A written warning of the intended ballot will be given to all employers who are affected by the strikes. This should give employers at least 7 days’ notice before the ballot officially opens.
3. The Ballot Is Drawn Up.
The ballot is drawn up with a sample being sent to each employer in advance of its opening. The results should also be made available to the employers ASAP.
4. Action May Or May Not Be Called.
For strike action to be called, there must be a majority vote. At least 50% of those eligible to vote, should, otherwise the vote will not be valid.
5. Action Notice Is Required.
Like with the ballot, notice is required for any intended action to take place. Each employer should receive this within 14 days of the required industrial action.
These steps must be conducted in full, paying attention to all the finer details. Failure to do so could mean employees get very limited protection from the union and the employer can sue the union itself.
Can All Workers Go on Strike?
There are only a few professions remaining that have been banned from striking by the Government.
Prison officers are not allowed to strike, a rule that was set into motion in 2017 by the High Court. Also, the police force is banned from any sort of strike action. These are the only two professions currently that are unable to strike.
Nurses have permission to strike but cannot do so if it puts their patients at risk. Other professions are allowed to strike but have come up with agreements between themselves and the Government.
Can You Get Sacked for Striking?
You can’t be sacked for strike action as long as it is lawful.
If you are dismissed, you have the right to begin proceedings for unfair dismissal. You must do this within 12 weeks of the action.
If your union didn’t organise the strike action lawfully then you may be dismissed. Strike action can be considered a breach of contract, which can result in the employer suing the employee. This is unlikely due to costs involved and lengthy legal processes.
FAQs
You can choose not to strike with your union. You may be encouraged to strike (known as picketing) but ultimately, the decision is yours and yours alone.
Industrial action has three formats and one of these is striking. The other two are known as action short of a strike and lockout.
