Trade unions play a significant role in representing employees, negotiating terms, and influencing workplace practices. While union engagement can be constructive, employers may also face challenges such as collective bargaining disputes, ballots for strike action, or coordinated industrial action.
Our specialist employment lawyers provide employers with practical, commercially focused advice on managing trade union relationships, navigating industrial action, and ensuring legal compliance at every stage. We help you protect your businesses operations, reputation and workforce stability.
Understanding trade unions in the workplace
Trade unions have statutory rights that employers must recognise, whether or not you have a formal recognition agreement. These include:
- The right to represent members in grievance and disciplinary proceedings
- The right to collectively bargain on terms and conditions (where recognised)
- Statutory protections for trade union officials and members
- The right to request formal recognition
- The ability to organise industrial action, subject to strict legal requirements.
We support employers in understanding their duties and responding to union requests in a measured and compliant manner.
Recognition and collective bargaining
A union may seek recognition for the purpose of collective bargaining. This may occur:
- Voluntarily, where the employer agrees to negotiate terms with the union
- Statutorily, through a formal process via the Central Arbitration Committee (CAC).
We advise employers on:
- Union recognition requests
- Collective bargaining frameworks
- Negotiation strategies
- Drafting or reviewing recognition agreements
- Managing de‑recognition or renegotiation.
Our goal is to help employers maintain control, ensure clarity, and achieve constructive engagement.
Industrial action – what employers need to know
Industrial action can take several forms, including:
- Strikes
- Work‑to‑rule
- Go‑slows
- Overtime bans
- Partial performance.
For industrial action to be lawful, strict rules must be followed on balloting, notification and picketing. Employers who understand these rules are better positioned to respond effectively and mitigate disruption.
We advise employers on the full range of industrial action issues, including:
- Assessing whether action is legally compliant
- Responding to ballot notices and union communications
- Pay and deductions during industrial action
- Rights of employees who do not participate
- Managing picketing and maintaining safety
- Maintaining essential operations during disruption
- Injunctions and legal remedies where action is unlawful.
Our team provides clear, strategic guidance to protect your business and maintain continuity.
Managing disputes with trade unions
Disputes with unions can arise over pay, working conditions, restructures, or organisational change. We support employers by:
- Developing negotiation strategies
- Advising on collective consultation obligations
- Supporting redundancy or re‑organisation processes involving unions
- Providing scripts, letters, and communication plans
- Managing disputes through mediation or ACAS conciliation
- Ensuring compliance with statutory procedures.
Proactive planning and strong communication are key to avoiding escalation.
Employer rights during industrial action
Employers retain several important rights, including:
- The right to withhold pay for non‑performance of contractual duties
- The right to maintain operations and allocate work to others
- The right to challenge unlawful action
- The right to communicate directly with employees, within lawful limits
- The right to implement contingency plans.
We help employers act decisively while remaining compliant with employment law and preserving employee relations.
Preventing industrial action and supporting employee relations
Industrial action often arises where communication has broken down or employees feel their concerns are not being addressed. We work with employers to strengthen employee relations and reduce the risk of conflict by advising on:
- Transparent communication strategies
- Effective consultation during change
- Manager training
- Review of workplace policies and recognition agreements
- Early dispute resolution practices.
Good employment relations help reduce the likelihood of industrial action and create a more stable workforce.
Frequently asked questions: Trade unions and industrial action for employers
Below you will find answers to some frequently asked questions that our Employment are asked with regard to trade unions and industrial action for employers.Do employers have to recognise a trade union?
What rights do trade unions have in the workplace?
What counts as industrial action?
Can I stop industrial action from going ahead?
Do employees have to be paid during industrial action?
Can employees be disciplined for going on strike?
What are the rules around picketing?
When do I need to consult trade unions during organisational change?
What should I do if my organisation receives notice of a strike ballot?
How can employers reduce the risk of industrial action?
Can I communicate directly with employees during a dispute?
How can an employment law firm help during industrial action?
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