The government has published its plans on prohibiting detrimental treatment for industrial action and allowing electronic and workplace industrial action ballots.
The Supreme Court recently established that human rights laws mean that UK law should, but does not currently, protect workers against detrimental treatment short of dismissal for taking part in industrial action. We discussed this important decision in detail here.
As one piece of good news for employers, and despite some calls from some trade unions for it to do so in response to its consultation on how to address this situation (which we wrote about here), the Government has confirmed that it will not be changing the long-established rules on workers not being entitled to be paid for time that they spend on strike.
Nonetheless, the Government has now confirmed that it will be banning all other detriments against employees for taking part in strike action from 30 October 2026.
On the one hand, the Government’s approach will at least have the benefit of relative simplicity for employers and align workers’ protections in this area with their protections from detriment for being a member of a trade union or taking part in its activities.
On the other hand, this approach will limit employers’ ability to prepare for industrial action. It also leaves open many questions. Will employers be permitted to offer incentives to workers to continue to work...
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