Industrial action — overview

Withdrawing labour is a powerful weapon in the arsenal available to trade unions, and hence industrial action forms a significant aspect of collective bargaining. It is subject to considerable and complex statutory control.

Proposed or actual industrial action gives rise to certain considerations:

• whether the industrial action, or other conduct relating to it, amounts to unlawful conduct at common law

• whether the conduct falls within one of the protected types of tortious liability

• whether the conduct is nevertheless unlawful because it is expressly excluded from protection, eg where is amounts to unlawful secondary action

• whether the various requirements for statutory immunity have been fulfilled, eg the requirements for a ballot, and for notifying the employer of the action that is to be taken

In relation to a trade union's liability in tort, an act will only be treated as having been done by the it if it is deemed to have been authorised or endorsed by it.

Damages that may be awarded against a trade union in any proceedings in tort are limited by statute, with the exception of personal injury claims and certain claims relating to property and product liability.

Picketing is a particular form of industrial action, subject to specific statutory controls.