The term ‘strike action’ is often used interchangeably with ‘industrial action’. It refers to any action taken by employees to protest against working conditions, pay, or any other issue relating to their employment. However, many people wonder whether such actions are lawful and whether they breach an employee’s contract.

The short answer is that strike action is often a breach of contract. Most employment contracts have provisions that explicitly prohibit employees from engaging in such actions. Typically, the contract will state that the worker is required to provide their services to their employer in exchange for a salary or wages paid by the employer. Any action that disrupts this relationship can be considered a breach of the contract.

However, this is not always the case. In some instances, employees have the legal right to strike, particularly when it comes to disputes relating to trade unions. In such cases, employees are protected by the Trade Union and Labour Relations Act 1992. This act gives employees the right to take industrial action, provided that they follow the correct legal procedures.

In most situations, the law requires employees to give their employer notice of their intention to strike. This allows the employer to take any necessary steps to minimise the impact on the business. The notice must be given at least seven days before the strike is due to take place, and the employer must be told the number of employees involved, the type of action being taken, and the date on which the strike is due to commence.

It is also important to note that even if the employee has the legal right to strike, there may still be consequences for doing so. For example, an employer may be able to take disciplinary action against employees who participate in a strike, such as terminating their employment or reducing their salary. This is why it’s essential that employees seek legal advice before taking any industrial action.

In conclusion, strike action can be considered a breach of contract in most cases. However, there are some instances where it is legally allowed, such as when workers are involved in a dispute with their employer and are protected by trade unions. Therefore, employees must be aware of the legal procedures surrounding strike action and seek legal advice before taking any action.