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Essential points

  • Trade unions are organisations formed by, or comprised primarily of, members who will protect the interests of workers.  
  • Industrial action is where workers take measures (as part of a union or individually) as a means of expressing dissatisfaction. The legal protections for industrial action are greater when the action taken is organised by a trade union. 
  • Access to trade unions and the law around industrial action focuses on the legal rights and responsibilities of both workers, trade unions, and employers (in respect of collective bargaining), industrial action and employee protections. 
  • When trade unions are recognised in a workplace they negotiate at a collective level on behalf of the workforce. More than one trade union can be recognised in a workplace.
  • Collective bargaining can be undertaken by unions or employee representatives or committees. Bargaining may take place voluntarily, or may be imposed on an employer. In instances where bargaining arrangements break down and a dispute arises, a trade union may take industrial action, including a strike.  
  • There are significant changes to trade unions afoot under the government’s plan to Make Work Pay. For example, changes to balloting and statutory recognition laws and new rights to access workplaces. Members can monitor the progress of these changes on the tracker. The content below addresses the current law, and it will be updated when any legal changes occur.  
  • Trade union and industrial action law is devolved (transferred) in Northern Ireland. The CIPD offers an employment law page specifying which areas of employment law differ in the UK. 

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Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

Employment
law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

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