Picketing

Q. We have a dispute with our employer and are currently taking industrial action. A large number of us and our supporters are planning on picketing the employer’s premises in a few days. The employer says that this is illegal — what are the rules on picketing?

A. Picketing is principally an opportunity to peacefully persuade colleagues not to work. Only people who are at or near their workplace (or former workplace if their dismissal is part of the dispute), or who are relevant trade union officials, should take part in a picket.

Additionally, the government’s Code of Practice on picketing suggests that no more than six people should picket an entrance or exit point of a workplace, at any one time.

Although the Code of Practice does not have statutory force (that is, it is strictly speaking not legally binding) it is often referred to, and may be enforced by the courts or the police.

In some circumstances, employers may seek an injunction to prevent the picket occurring in the manner proposed (that is, limiting the protest in size or trying to prevent a mass event).

Alternatively it could seek damages if a picket does not comply with the law, and the employer loses business or cannot operate as a result.

Criminal offences which can arise, but which are usually only rarely brought, involve allegations of obstruction of a police officer or obstruction of the highway.