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

Planning application for new industrial and logistics Frontier Park Preston Plans have been submitted for the land in Preston

Planning application for new industrial and logistics Frontier Park Preston

18 Dec 2025

2

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education Burnley College interim principal Kate Wallace, curriculum manager for Engineering David Coar, head of projects and partnerships Rosie Fearne, assistant principal – BCUC Nina Parkin and director of Skills and Innovation Neil Burrows

Burnley College gets share of £88.5m funding to revolutionise engineering and computing education

18 Dec 2025

3

SpudBros link up with EG On The Move SpudBros opening in Blackburn

SpudBros link up with EG On The Move

17 Dec 2025

4

“This is Lancashire” film showcases the beauty of the county This is Lancashire video

“This is Lancashire” film showcases the beauty of the county

16 Dec 2025

5

Conlon Construction appoints new chairman as Michael Conlon announces retirement Michael Conlon with Guy Parker

Conlon Construction appoints new chairman as Michael Conlon announces retirement

16 Dec 2025

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
January / February 2026 Magazine networking event
Mag launch Blackpool
Networking
22 Jan 2026

January / February 2026 Magazine networking event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Chamber Business Lunch – December
Logo.jpg.jpg
LBV Hub Social
19 Dec 2025 - 19 Dec 2025

Chamber Business Lunch – December

Morecambe Football Blub, Morecambe, LA4 4TB

11:00 - 14:00

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event
LBV Hub Webinar
13 Jan 2026

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event

10:00 - 12:00

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin