05 May 2024
Martin Higgs, AUDE Communications and Campaigns Manager
At the time of writing, nearly 50 UK universities have announced redundancy programmes, with many becoming the targets of industrial action as a result. Industrial action may also resume in relation to the USS Pension Scheme and pay and benefits issues. With the potential for further strikes this year, we consider what is permitted on the picket line and practical issues to address. This article has been provided ahead of the UHR 2024 Conference by the team at VWV.
Legal framework
Section 220 of the Trade Unions and Labour Relation (Consolidation) Act 1992, provides that it is lawful for workers to attend at or near their own place of work, and for trade union officials to accompany and represent them, in contemplation or furtherance of a trade dispute, solely for the purpose of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working. The following conditions must be met:
Code of Practice
The Code of Practice on Picketing provides practical guidance including:
Examples
Here are a few examples of picketing activities we have come across, that would likely amount to unlawful picketing:
Practical options
As always in respect of industrial relations issues, clear communications with local representatives and senior trade union leadership are key, and can often resolve concerns or de-escalate infringing behaviour on the picket line. However, when such communications do not lead to a positive result, universities do have a number of other options for redress.
Where unlawful picketing has occurred and been endorsed by a union, a university could can pursue an application to the High Court for an injunction restraining the unlawful behaviour or a claim for damages. It is also possible to obtain injunctions against individuals who are engaged in unlawful picketing.
In a claim for damages, universities would need evidence of the wrongdoing and loss flowing from it, which may be more difficult for the University to establish than a commercial enterprise whose business is disrupted. Damages are limited by s22 TULRCA depending on the size of the union, as follows:
Union membership | Maximum damages |
Fewer than 5,000 | £40,000 |
5,000 to 24,999 | £200,000 |
25,000 to 99,999 | £500,000 |
100,000 or more | £1,000,000 |
Universities can pursue the usual disciplinary actions against Individual employees who commit acts of misconduct during an unlawful picket. They can also take the same steps to remove trespassing picketers that they would take to remove any other trespasser.
If you have any queries please contact Bob Fahy, who specialises in employment law advice for our Higher Education clients on 07500 686 163.