Do you have to go on strike with your union? Your rights explained
2022 was the year for strikes, but they’ve carried on into 2023 – with many predicting there will be plenty more to come.
As the cost of living crisis continues to put many households under pressure, the demand for fairer pay in line with inflation has meant that industries ranging from barristers to bus drivers, rail workers to university staff have walked out.
Even the nurses went on strike for the first time in the Royal College of Nursing’s 106-year history.
PM Rishi Sunak has invited union leaders for crunch talks, but it’s very possible we’ll see further action down the line.
Organised by trade unions, you’re protected for 12 weeks-worth of striking.
But do you have to join in if your union declares a strike? What are your rights and rules?
Do you have to strike with your union?
There’s a myriad of reasons why you might not want to join your union on a strike, including not being able to afford to take the time off.
Whatever your reasoning for not wanting to join, you might be worried about the repercussions.
So, just what can happen if you don’t strike?
Quite honestly, not a lot.
Andrew Strong, Senior Tutor, Programme and Student Lead for LPC and SQE at The University of Law explains: ‘Just because your union has voted in favour of industrial action, this does not mean you are required to take part.’
‘It should always be your own decision to take part in any industrial action that has been called for. Legally nobody can force you to do so. While union members may lawfully attempt to persuade you (known as picketing), you can rightfully refuse.’
Moreover, as the website for the Northern Ireland government explains, in the UK, a trade union must not discipline you for various reasons. Many of these are related to strike action.
You must not be disciplined for:
- going to work despite a call to take strike or other industrial action
- crossing a picket line during a strike
- failing to take part in or support a strike or other industrial action
- showing opposition to, or lack of support for a strike or other industrial action (for example, voting against industrial action)
- refusing to contribute funds to support a strike or workers taking strike action
- refusing to break an obligation imposed by your contract of employment or other agreement with your employer for any purpose connected with a strike or other industrial action
- encouraging or assisting someone else to honour their employment contract or other agreement with their employer
If you do suffer consequences for any of the above, you will be able to make a complaint to an industrial tribunal.
MORE : Why aren’t the police allowed to go on strike and is any other profession banned?
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