Your guide to managing strikes in the workplace

Strikes can be one of the biggest challenges a business might face. Strikes are essentially a form of protest where employees stop working to demand better conditions, pay or other rights. They can have huge impacts on a business, from interrupted operations to strained employer/employee relationships. So, it’s essential to get up to date on how to handle strikes so you can be prepared.

In this blog, we’ll answer some of the most common questions, and help you understand how to handle employee strikes if they do happen.

Understanding employee rights

Knowing the rights that employees have when it comes to striking is crucial for you as a business owner. We’ve answered a few FAQs here.

Can employees strike without a union?

Yes, employees can strike without being part of a union – it falls under unofficial industrial action, sometimes known as ‘wildcat’ strikes. They could come with some stricter legal requirements, and if employees take unofficial action, they aren’t protected by industrial action law. But they do still have their usual employment rights.

Can you fire employees for striking?

The legality of firing employees for striking depends on whether the strike is protected or unprotected. Protected strikes are usually official strikes endorsed and organised by a union, and they’re designed to meet legal requirements. Unprotected strikes, on the other hand, might not mean employees have the same protection against termination. Business owners should handle this carefully, and consult with professionals to make sure you avoid claims of unfair dismissal which can lead to legal complications.

Do employees get paid when on strike?

During a strike, employees aren’t usually paid. It’s quite straightforward – no work, no pay. This is the rule no matter how long the strike is or why the strike is happening.

Can public sector employees strike?

Public sector employees have the right to strike, but there are sometimes stricter legal frameworks they need to be aware of – so again, it’s worth consulting with legal professionals.

Communication is key

Effective communication can make a big difference before, during and after a strike.

Proactive communication strategies

Make sure you’re regularly discussing employee concerns and working conditions – this way, you might be able to stop issues escalating into strike action. If you’re transparent about company policies and procedures, you’ll be able to build trust with your employees and encourage a culture of open communication. Helping employees feel heard and valued can reduce the chance of a strike happening.

Communication during a strike

During a strike, keeping a clear and consistent message is really important. Choose a spokesperson to handle all official communication so messages are consistent and coherent. It’s also a good idea to address rumours and misinformation quickly to prevent confusion and unrest among employees.

Minimising the impact on your business

Strikes can be disruptive – but there are ways you can keep your business running as smoothly as possible during a strike.

Contingency planning

Identify your most critical operations and develop backup plans to make sure everything keeps running. Think about the impact on your supply chain and customer relationships. Getting prepared for those scenarios can help reduce disruption.

Maintaining minimum service levels

In certain industries, keeping up minimum service levels isn’t just good practice, but a legal requirement. You need to be aware of those obligations and plan so you can keep to them. This could involve bringing in temporary staff or rearranging shifts to cover essential services.

Utilising available resources

Explore options for temporary staffing to fill gaps from striking workers. Effective delegation of tasks among workers who aren’t striking can help keep up productivity, and prioritising essential tasks makes sure the most important parts of your business carry on functioning.

Resolving the dispute

When it comes to resolving disputes that lead to strikes, it’s important to take a calm, measured approach. Start by speaking with employees or their representatives to fully understand their concerns. You might need to compromise on some things as finding a middle ground is often the way to resolve these kinds of issues.

Negotiation and mediation

Make sure you show a genuine willingness to negotiate and address core issues that led to the strike happening in the first place. You could consider bringing in a neutral mediator to help the conversations stay constructive and help both parties reach a fair agreement.

Reaching an agreement and returning to work

Once an agreement has been reached, it’s essential to communicate the terms clearly to all employees. Fostering a positive and constructive environment will help the transition back to normal operations stay smooth. This includes acknowledging the concerns raised during the strikes and committing to continuing conversations to prevent more disputes happening in the future.

Strikes can be a big challenge – but with the right approach, you can manage and resolve them quickly and effectively. If you understand employee rights, keep open lines of communication and have robust contingency plans in place, you can minimise disruptions and find a path forward that everyone is happy with.

Receive strike advice from Citation

Need more help on how to handle employee strikes? We’re here to help. Our HR Consultants & Employment Law Consultants can talk to you about your business needs and how to handle employee strikes. If you’re already an HR & Employment Law client, simply call 0345 844 4848 to speak to one of our friendly advisors.

If you’re not already an HR client and would like to benefit from this kind of support, simply call 0345 844 1111 to find out more about how we can help. We have a range of other HR Services & Employment Law Services that could support your business.