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Strike Action
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Can someone please tell me how much notice a union has to give that their members are to strike
Thanks
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(Posted in 2 parts):
It's not the date of the strike which is relevant but the date of the ballot which may lead to a strike. This is covered by a 'Statutory Code of Practice'. The legal status of such a code is similar to that of the Highway Code. (i.e. it's not a specific offence to act outside of the code but the fact that someone has done so can be regarded as admissable evidence in any legal action which might result).
Section 14 of the Code states:
"The union must take such steps as are reasonably necessary to ensure that any employer who it is reasonable for the union to believe will be the employer of any of its members who will be given entitlement to vote receives written notice of the ballot not later than the seventh day before the intended opening day of the ballot (ie the first day on which a voting paper is sent to any person entitled to vote). That notice must:-
It's not the date of the strike which is relevant but the date of the ballot which may lead to a strike. This is covered by a 'Statutory Code of Practice'. The legal status of such a code is similar to that of the Highway Code. (i.e. it's not a specific offence to act outside of the code but the fact that someone has done so can be regarded as admissable evidence in any legal action which might result).
Section 14 of the Code states:
"The union must take such steps as are reasonably necessary to ensure that any employer who it is reasonable for the union to believe will be the employer of any of its members who will be given entitlement to vote receives written notice of the ballot not later than the seventh day before the intended opening day of the ballot (ie the first day on which a voting paper is sent to any person entitled to vote). That notice must:-
* state that the union intends to hold the ballot;
* specify the date which the union reasonably believes will be the opening day of the ballot; and
* contain such information in the union�s possession as would help the employer to make plans (for example, as appropriate, to enable him to warn his customers of the possibility of disruption so that they can make alternative arrangements or to take steps to ensure the health and safety of his employees or the public or to safeguard equipment which might otherwise suffer damage from being shut down or left without supervision) and bring information to the attention of those of his employees who it is reasonable for the union to believe (at that time) will be entitled to vote. In particular, the union must provide as a minimum any information which it possesses as to the number, category or workplace of the employees concerned. But a notice will not fail to satisfy the requirements simply because it does not name any employees."
The full Code can be found here:
http://www.dti.gov.uk/er/codiab.htm
Chris
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