Industrial action
Industrial action occurs when action is taken, often by members of a trade union, where they either refuse to work, this is called strike action, or they complete action short of a strike, such as refusing to work overtime to emphasise how important the work of these individuals is.
You should only take part in industrial action with the support of UNISON and must remain within the law while carrying out any form of industrial action including picketing.
If you’re taking part in industrial action, your UNISON rep can help guide you through the process and answer any concerns.
On this page
What is industrial action?
Industrial action can include strike action (which is any concerted stoppage of work) or action short of strike action such as ‘go-slows’ or ‘working to rule’.
Industrial action is a last resort. UNISON always tries to negotiate and bargain for its members before pursuing industrial action.
Is it against the law to strike?
Although there is no positive legal right to strike in the UK, strike action organised by a trade union is legal, provided some specific conditions are met.
For example:
- The union must have conducted a lawful ballot of all the members it believes will be called upon to take part.
- The action must be over a trade dispute between workers and their employer over an issue like pay, pensions or other terms and conditions of employment.
- The general secretary or someone else authorised by the union’s rules, must authorise any industrial action.
- The person named on the ballot paper must make a call for action before industrial action can take place.
- The ballot and notice requirements must be followed by the union. These were simplified on 18 February 2026, through the Employment Rights Act 2025. Further changes for turnout requirements for balloting are due to be made later in 2026.
Do I have to strike if there is a vote for action?
As a member of a democratic union, we would hope that you would participate in a strike if there is a vote for strike action.
You cannot be forced to do so, but it is part of belonging to a democratic union in which decisions are made collectively.
We recognise that taking strike action is very serious, which is why UNISON asks you and every other member to observe the strike if called, but there should be attempts to resolve matters through industrial negotiations first so that industrial action is a last resort measure.
Every member who does not take part when industrial action is called undermines our bargaining power and makes it harder for us to protect all our members.
Picket lines
Picketing is a legal activity to peacefully persuade members not to go into work. Pickets should wear an armband indicating they are on duty. Placards and posters should be displayed stating ‘Official Picket’.
A picket line is when members meet at the workplace to increase awareness and support for their cause. Picketing members may also tell other workers about the problem in the workplace.
Picket supervisors used to be required when a union organised a picket. As of 18 February 2026, this is no longer required, through changes brought in by the Employment Rights Act 2025.
The law says that picketing should be carried out at or near an entrance or exit from a site at which the individual picketing works. When others who are not in dispute come into work or use these entrances or exits, pickets must not interfere with them in a threatening way.
You aren’t allowed to use threatening behaviour or force to prevent others from attending work, cause criminal damage, or prevent police officers from carrying out their duties.
The police in Great Britain can use special powers, such as obtaining an order prohibiting the picket, if the picket contains more than 20 people and they believe it may result in serious disruption to the life of the community.
Guidelines on picketing are set out in the union’s Industrial action handbook.
Dismissal for taking part in industrial action
UNISON will only ask you to strike after a lawful statutory ballot. If you engage in lawful industrial action and you are dismissed in circumstances where the reason or principal reason for your dismissal is that you took part in lawful industrial action, then your dismissal will be treated as automatically unfair.
The law used to offer this protection only if the dismissal took place within 12 weeks of the action starting or the action stopped within 12 weeks or the employer had not taken reasonable procedural steps to resolve the issue before dismissing you. However, from 18 February 2026, the Employment Rights Act 2025 has removed the 12-week limit for claiming unfair dismissal.
Will I lose pay and if so how much?
Yes, we can expect employers to refuse to pay staff taking industrial action. The law makes it clear that employers can deduct pay when staff are on strike. However, where pay deductions are made these should always be reasonable and reflect the number of hours or days that you did not work whilst on strike.
If employers decide to deduct pay from those taking strike action, your branch will seek agreement at a local level for deductions of no more than what is proportionate for the period of industrial action taken. Deductions are pro rata’d for people who work part-time or term-time.
Frequently asked questions
If your employer decides to dock your pay for the day of action, the employers do not have to pay pension contributions during that period and you will not have paid your portion of contribution for that day.
The impact on your final pension would be extremely small but you might want to consider replacing the lost contribution.
It is possible, with your employer’s agreement, to pay a sum equal to the employee and employer contribution and receive full credit for the day’s absence and continue to have full cover. Any member wishing to do this must inform their employer in writing before the absence takes place.
Any dismissal for taking part in industrial action, regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrial action.
Employers know this and, in the most part, are not about to risk breaking the law. But management may attempt to isolate – or indeed intimidate – individuals or small groups with the view to encouraging strike breaking.
If you experience threats concerning your career or disciplinary action, make sure you report this to your UNISON branch officers in the first instance. They will take this very seriously and act upon it.
Note that there are time limits for making a complaint – normally three months less one day – so let your branch know as soon as you receive a threat concerning your career or disciplinary action.
The Employment Rights Act 2025 introduced a number of protections relating to industrial action. As noted above, if industrial action is the reason or principal reason for a dismissal, this will be classed as automatically unfair. This right used to protect individuals from dismissal within a 12-week period from the date the industrial action starts. From 18th February 2025, the 12-week cap was removed creating longer lasting protection.
As well as this the Employment Rights Act 2025, introduces a new right that employers must not subject employees to a detriment because they took part in industrial action. This will cover circumstances where your employer treats you unfairly because you took part in industrial action (for example, suspending you) but does not go as far as to dismiss you. This new right is not yet in force but is likely to be brought into force in October 2026.
However, UNISON has members working on outsourced contracts and has recognition with most large contractors. And of course, potential bidders for services may not find a strong staff group that is willing to stand up for their rights so appealing to bid for.
This means that the period you were on strike for will not count toward your continuous employment, but it does not break the continuity of your period of employment.
If an employee calls in sick on the day the action starts, the employer may challenge the sick leave and treat the absence as strike leave if the employee is not able to provide evidence of sickness such as a doctor’s note.
For the purposes of statutory sick pay payable in the eight weeks after a period of strike action, average earnings will reflect the earnings during the period leading up to the illness, even if they are lower as a result of strike action.
UNISON does not regard anyone who takes annual leave on strike days to be taking part in the strike action. If you can, we would like you to postpone your leave so that you can take part in any strike action.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.