To Strike or Not to Strike? How Recent Changes to UK Law May Make Individual Decisions Easier
By Lorna Wells – FCIPD Principal Consultant HR at West Midlands Employers
For an individual, deciding whether to strike has always been a complex issue. In recent years Local Government employers have not seen widespread industrial action during pay negotiations, largely due to Trade Unions failing to meet ballot thresholds set in the current legislation. The proposal for reform, as detailed in the recent Employment Rights Bill 2024, is set to change the law around strikes in ways that could make this choice clearer for employees and easier for unions. Why then is the government making it easier to strike, and what does that mean for everyone involved?
For those who work in HR or manage staff, the thought of a potential strike can cause real anxiety. Pay talks are already tough, and the rules around striking—like meeting minimum support thresholds and following strict notice requirements—have historically discouraged collective action across different industries. The new changes remove these barriers.
This shift represents a major change from policies put in place in the early 1980s, when the Conservative government reacted to the lengthy mass strikes during the “winter of discontent” by implanting strict laws concerning taking industrial action, especially in essential public services. While these laws were intended to reduce disruptive strikes and protect the economy, they also limited workers’ ability to take action, which in turn undermined the process of collective bargaining. Often the reasons why these limitations are a cause for concern is not fully understood.
It is important to remember that in the employment context the employer generally has a stronger bargaining position when negotiating contracts. Industrial action is the cornerstone of collective bargaining, allowing a rebalancing of that employment relationship. The UK has a long running and controversial record of non-compliance with international standards, including the Internation Labour Organisation Conventions on freedom of association and the right to organise and collectively bargain. It is therefore widely recognised that current UK law undermines an established “right to strike.”
Despite the ongoing criticism levied against the UK legislative framework, until the Employment Rights Bill 2024, successive governments failed to make changes and continued to tighten the restrictions, for example with the Strikes (Minimum Service Levels) Act 2023, which will now be revoked under the proposed legislation.
The new laws primarily see the removal of the tough ballot and support thresholds for strikes. Those in favour believe this change will empower employees and crucially bring UK laws into alignment with recognised fundamental rights, but some business groups worry that it could result in more frequent strikes, creating disruption that could harm productivity and the economy.
For managers and HR professionals, an increase in strikes could cause practical challenges. But by strengthening employees’ collective bargaining power, the laws may also encourage businesses to engage more with their workforce early on, finding solutions before issues escalate.
In the end, the decision to strike is a personal one for each worker. With the new law, workers, unions, and employers may find it easier to understand the process of taking industrial action and to consider how it can support fair negotiations. Without question this new legislation marks an internationally welcomed shift in the UK’s approach to labour relations. The way in which industrial action has been handled and viewed for decades will now undoubtedly change in the years to come.
