Industrial action

by Practical Law Employment

This practice note considers the complex law on industrial action in Great Britain: what it is, and how it can be lawfully organised by a trade union so as to avoid liability for one of the industrial torts. The note explores the combination of contract, tort, and statute law that governs strikes and other forms of industrial action, focusing on the detailed procedural requirements for organising lawful industrial action set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992) that trade unions must follow to gain immunity from tort claims, such as for inducing a breach of contract. The note addresses significant reforms under the Employment Rights Act 2025 (ERA 2025), which reverse many changes introduced by the Trade Union Act 2016, affecting ballot validity, notice periods, and turnout thresholds. This resource serves employers, trade unions, and legal advisers seeking to understand their respective rights and obligations, and the potential remedies available when navigating industrial disputes. For information on the procedure for preventing unlawful industrial action from taking place, see Practice note, Industrial action injunctions. For a note on how industrial action affects the rights of employees, see Practice note, Industrial action and the employment relationship.