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What makes a strike legal

Posted on Thursday, 9th May 2013 by

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For a strike to be fair it must be an official strike endorsed by a Trade Union. The requirements for a strike to be official were tightened during the 1980s and 1990s meaning strikes are far less frequent than they use to be. Further, any strike that lasts for over 12 days will not be a protected strike meaning an employer can dismiss all striking employees.

Despite the rules and regulations surrounding strike action, strikes do continue. Yesterday employees were striking at Crown post offices across the country in a dispute over closures and franchising of Crown Post offices and the perceived loss of jobs.

Before taking part in strike action an employee should ensure the strike is legal (official and protected) and understand the employment law position of taking part in industrial action. Suffering detriment as a result in taking part in industrial action is not directly protected, so the loss of  non-contractual benefits could be a risk.

If you would like to speak to a specialist about any aspect of Employment Law contact us here today

Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Andrew Robinson - Employment Law
Andrew Robinson - Employment Law
andrew.robinson@ehlsolicitors.co.uk 01509 212 108
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