Non-members and strikes

Q: Staff at our workplace are a mixture of union members and non-members. Members were recently balloted on industrial action, and voted in favour. Can we call on all staff, not just those in the union, to take part? And if non-members want to do so, are they legally protected?

A: Yes to both questions. While a union can only ballot its members, it can call on non-members to participate in the industrial action, and the non-members have the same protections (and restrictions).

Section 146 of the Trade Union & Labour Relations Consolidation Act 1992 (TULRCA) protects workers against detriment for taking part in an independent trade union's activities - the worker does not have to be a union member. Section 152 of the same Act protects employees (whether union members or not) against dismissal for the same reason - but note that this protection applies only to employees and not workers, as in any unfair dismissal case.