CALLING ALL
READERS
We want to hear your employment law
problems. Send us your dilemmas to
feature here next month.
Email: chris.beck@markallengroup.com
peace the opportunity to explain
why they don’t want to listen
to the radio and to suggest
alternative options. It may be
that a fair compromise can then
be agreed between everyone.
At the end of each year, we
reward our employees
with a bonus based on the
company’s performance over
the past 12 months. While
profits were down in 2018, we
were still able to offer staff a
Christmas bonus of £150 each
– slightly lower than previous
years, but still a nice little
perk after a tough year. We’ve
had grumblings from some
that the amount awarded was
‘laughable’. They’ve seemingly
gone on an unofficial strike:
turning up late, leaving early
and not putting in any effort.
What legal right do we have?
As these individuals are still
attending the workplace and
performing some work, they are
not technically on strike. They
may, however, be participating in
industrial action and are likely to
be in breach of contract.
Unfortunately, the legal rights
for employers in such situations
are quite limited, depending
on whether the employees are
engaged in official or unofficial
industrial action. Official
industrial action is action that
is officially endorsed by a trade
union; unofficial industrial action
(also called a ‘wildcat’ strike) is
action that the employees take
it upon themselves to engage in
without the approval of a union.
Those engaged in official
industrial action are protected
against recriminations from their
employer (and the trade union
is protected against inducing a
breach of contract) if it has been
lawfully organised by a trade
union (i.e. the trade union has
complied with balloting and
notification requirements).
Those engaged in unofficial
industrial action are not
protected in the same way. If you
can prove that their behaviour
does constitute unofficial
industrial action, and provided
that this is not organised by a
trade union following correct
procedure, you are entitled
to dismiss the employees
participating. As long as the
dismissal takes place whilst they
are still participating in that
action, you will also be protected
from claims for unfair dismissal.
Alternatively, you could refuse
to accept partial performance of
the employment contract. This
can take two forms:
Firstly, you can demand that
the employees comply with their
contracts of employment in full,
or stay away from work, unpaid,
until they are prepared to do so.
Altenatively, you could
accept partial performance and
continue to pay the employees,
but only for the work they have
done. Practically, it may be
difficult to establish the amount
of deduction to make.
Whilst they both show a
hard-line approach to unofficial
industrial action, adopting either
of these courses of action is
likely to inflame the situation.
It may be preferable,
therefore, to commence
disciplinary proceedings
against those who are taking
part, addressing their poor
timekeeping and lack of
productivity. It may be that
being disciplined is a sufficient
deterrent to bring the unofficial
action to an end. If it’s not, you
can consider one of the more
drastic responses outlined above.
Know your law...
The Control of
Noise at Work
Regulations 2005
limit noise levels in workplaces.
The maximum noise that is
allowed without the need
for workers to wear hearing
protection is 85 decibels.
www.manufacturingmanagement.co.uk 13 13
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