Strikes and working time

Can our employer exclude days when we are out on strike from calculations of working time and give us less holiday entitlement?

The Working Time Regulations 1998 appear to exclude time when taking industrial action from the calculation of working time. Regulation 2 states that working time is a period when someone is working, at their employers' disposal and carrying out activities or duties. Industrial action clearly falls outside this definition.

As far as the statutory entitlement to holidays is concerned, it might therefore be possible for your employer to exclude strike days in calculating the amount of time off you should have.

* More information: LRD booklet, Working time - a guide to the regulations