Labour Research August 2003

Features: Law queries

Industrial action

If one of our members on a picket line asks employees who are not in the union but who work with us not to cross a picket line, or to join the action in some other way, will this mean that the union loses its immunity?

The union will retain its immunity as long as the industrial action itself is lawful and that the picketing involves no more than the peaceful obtaining or communication of information.

This means that the union will not be liable in damages, if the only thing that has been done is that non-union members have breached their employment contracts by refusing to work.

* More information: LRD booklet, The law at work 2003