The new 'Winter of Discontent' - Legal issues for employers to consider

By Brabners LLP

06 Feb 2023

Christine Lbv Desktop

The recent industrial action across the nation feels like a throwback to the 1970s and 1980s. Then, as now, the UK was experiencing cost of living and other economic problems.

The majority of workers currently striking are predominantly employed in public services and national infrastructure. Interestingly, many would have been described only very recently as “key workers” during the Covid-19 pandemic.

However, the current spate of industrial disputes is by no means restricted to such sectors or workforces and the private sector has also seen its fair share of industrial action too. For example, staff at Amazon and Tesco have recently been in dispute with their employers.

Any organisation faced with the threat of strike action by its workers, or indeed action falling short of strike action, must contend with a raft of different challenges. These include, amongst other things, communicating effectively with its own staff, its stakeholders and any unions involved.

There are also important and, in some respects, complex legal obligations that employers have to their staff who are participating in lawful industrial action and to any recognised trade unions so as not to be seen to be bypassing the effect of any collective agreements which are in place. As a general rule, employees taking part in union activities should not be subjected to any detriment or be dismissed as a result and employers who seek to go round a recognised trade union to break the impasse by making offers to their staff directly do so at their peril.

As organisations facing strike action are well aware, the tactics now used by unions to “leverage” their members’ negotiating positions and to secure improved offers regarding pay and conditions involve reputational risk. Len McCluskey, the former general secretary of Unite, was a prominent advocate for the use of “leverage” tactics in industrial disputes.

Leveraging effectively involves targeting an organisation’s network of stakeholders, from its shareholders to potential future customers, and raising specific concerns with them about the organisation. It is a targeted tactic which has been adopted by others across the union movement.

Unions also typically identify an organisation’s reputational pressure points and then release stories to the media which focus attention on those issues. Examples include media releases suggesting that supermarkets will suffer “Christmas shortages” due to particular industrial action, or suggestions that World Cup travellers would face delays due to industrial action by workers in the travel industry.

Naturally, such messaging guarantees headlines and grabs the public’s attention. Such messages are often combined with statements to the effect that the workers involved in the strike supported their employer during the Covid-19 lockdowns and kept on working, but such loyalty has not been reciprocated. Of course, an organisation may also work primarily with non-union employee representatives to try to solve a dispute.

Public opinion towards workers who go on strike is largely very favourable. Opinion surveys frequently reveal a high level of sympathy for employees who take such action. This is unlikely to change during the current economic climate and members of the general public will arguably feel an even greater level of sympathy for workers facing financial hardship. Neither is the public desensitised to the complaints of workers who strike due to the current volume of industrial action.

How can an organisation manage its communications strategy and protect its reputation in the face of such activity? 

Firstly, it is sensible to think ahead and prepare a “crisis communications” plan in advance. This can anticipate and draft key messages which will need to be conveyed by an organisation during threatened or ongoing industrial action. In particular, what will be said to stakeholders and staff, and what can be said about how services or production will be maintained?

Secondly, strike action is a last resort for workers. Any industrial dispute can be a very emotive topic for all involved. Any statement made by an organisation concerning industrial action must have one eye on the future, and balance the need to protect the business with the ongoing relationship with its staff and their union representatives. Any messaging will need to carefully dovetail with the organisation’s negotiating and legal position in the industrial dispute. It will need to avoid escalation and keep the long term view firmly in mind.

Thirdly, if false and damaging statements are published about the business regarding the industrial action, it may be sensible to take legal and communications advice on potential options.

If a defamation complaint is raised concerning statements made against an organisation, it might be appropriate to demand that certain words are not republished, content is taken down from websites or social media, an apology or correction is provided, or, in the most serious cases, compensation is sought.

An organisation’s approach to its communications during industrial action is important in facilitating a resolution and protecting ongoing relations with staff and other interested parties.

How we can help

Brabners in Lancashire is located at Sceptre Court, Walton Summit. If you would like to discuss anything raised in this article, please give us a ring on 01772 823921, quote “LBV” and a member of our team will be happy to assist you.  

If you would like to receive more content like this, please head to our website where you can subscribe to receive regular updates of current articles and events.

Latest news

1

Plans unveiled for 1,300 homes near Carnforth Carnforthredlineaerialunder2mb

Plans unveiled for 1,300 homes near Carnforth

01 Oct 2026

2

Leyland Trucks takes on 24 new apprentices Leyland Trucks Apprenticeship Cohort 2026

Leyland Trucks takes on 24 new apprentices

01 Oct 2026

3

Being found matters more than acronyms Francesca Square 1

Being found matters more than acronyms

01 Oct 2026

4

Businesses urged to spread Christmas cheer Tcs0mcjo

Businesses urged to spread Christmas cheer

01 Oct 2026

5

East Lancashire Chamber appoints new membership director Sarah Dean Profile

East Lancashire Chamber appoints new membership director

30 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Bay Hospitality Forum
Lancaster And Morecambe Logo 1 06 Oct 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Employer Hub, Lancaster, LA1 2TZ

10:00 - 12:00

What did we get for the spend?
Door4 07 Oct 2026

What did we get for the spend?

Crow Wood Hotel & Spa, Burnley, BB12 0RT

09:00 - 12:00

Preston Tech Connection: The Tech Resistance
PTC Square Oct 900 X 900.png.png 07 Oct 2026 - 07 Oct 2026

Preston Tech Connection: The Tech Resistance

Society1, 9-10 Cross Street, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - October 2026
padel-networkpng.png.png 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026 - 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin