Law Queries

We are about to call a strike at my work after a ballot showed 82% in favour of industrial action. We know that we have to take the action within four weeks of the ballot result and also that we have to give notice to our employer. We have been told that the notice is seven days. Can you let us know if this is seven working days or just seven straight days?

The notice that you have to give is seven straight days not working days. If you intend to start industrial action on a Tuesday you will need to have given notice by no later than the end of the previous Tuesday. Just to be safe it is always worth giving at least an extra day's notice so that there is no danger of the court ruling that it was not given in time.

The notice has to be in writing and has to include information on the number, category or workplaces of the workers being called upon to take action. You also have to give the date when the action will begin and state that you are giving notice under section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992.

More information: LRD's Law at work 2002 booklet