6.1 ACTS IN CONTEMPLATION OR FURTHERANCE OF A TRADE DISPUTE

• A trade dispute is a dispute between workers and their employer connected with matters such as employment terms, allocation of work or discipline.
• Persons acting in contemplation or furtherance of a trade dispute may have statutory protection from damages for inducing contractual breaches where the statutory conditions described in the material are met.
• The material gives striking workers as an example.

6.2 NO COMPULSION TO WORK

• The material cites section 236 of the Trade Union and Labour Relations (Consolidation) Act 1992.
• No court can order an employee to work; the right to strike is safeguarded as described.

6.3 SECRET BALLOTS

• Before industrial action, the material states that a ballot must involve at least 50% turnout of union members likely to be called upon to take action.
• For important public services, the material states that at least 40% of those entitled to vote must also endorse the action, in addition to the 50% turnout requirement.
• Where action is organised at different workplaces, the material states ballots may be required at each individual workplace.
• The ballot must be conducted by post according to the material.
• The employer must receive prior notice of the ballot and be notified of the result as soon as reasonably practicable.
• The union must notify the employer in writing at least 14 days before industrial action.
• Material states action must commence within 6 months of the ballot, or within a period not exceeding 9 months where agreed as described.
• Industrial action authorised without a proper ballot may expose the union to court action to stop further inducement.

6.4 PICKETING

• There is no general legal right to picket, but peaceful picketing has long been recognised as lawful, subject to the rules.
• Picketing must be in contemplation or furtherance of a trade dispute.
• A person may normally picket only at or near their own place of work; secondary action is illegal.
• A union official may accompany and represent a union member at or near that member’s workplace.
• Picketing must be peaceful and limited to obtaining/communicating information or peacefully persuading people to work or not work.
• A trade union must appoint a supervisor familiar with the Code of Practice on Picketing.
• The supervisor must provide details to police, carry union authorisation and wear an identifying item such as a badge or armband.
• Pickets remain subject to laws concerning obstruction, assault, nuisance, trespass, conspiracy and breaches of the peace.
• The Code of Practice suggests no more than 6 pickets outside any workplace entrance.