Labour Research May 2006

Law Queries

Strike pay

Q: How much can an employer deduct for strike pay?

A: An employer is entitled to deduct payment for whatever part of the week or day the worker has not worked because they are taking part in industrial action.

In the case of Smith v Kent County Council [2004] EWHC 412, the High Court ruled that a local authority could only deduct 1/365th of annual salary for each day that a teacher was on strike — but this was because the amount was set out in a collective agreement.

The amount that applies in your workplace will therefore depend on what has been agreed in your contract or collective agreement.