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

REVEALED: Sub36 Awards winners 2026 S36 Winners

REVEALED: Sub36 Awards winners 2026

16 Oct 2026

2

Three in a row for Lancaster accountants at national awards The Team At Ics Celebrating Their Win

Three in a row for Lancaster accountants at national awards

15 Oct 2026

3

Victorian Plumbing records 11 per cent revenue increase Victorian Plumbing staff

Victorian Plumbing records 11 per cent revenue increase

15 Oct 2026

4

Preparation matters for MTD changes Bilal Piperdy

Preparation matters for MTD changes

15 Oct 2026

5

Training for scheme to boost number of women in technology Aerial photo of Lancaster University Campus

Training for scheme to boost number of women in technology

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

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

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

St Catherine's Skydive, October
Skydive 17 Oct 2026

St Catherine's Skydive, October

Black Knight Parachute Centre, Lancaster, LA2 0DY

09:00 - 17:00

Commercial Planning Application workshop
Commercial Planning Workshop 20 Oct 2026

Commercial Planning Application workshop

Online, Accrington , BB5 0PF

12:00 - 13:00

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it
Lancaster And Morecambe Logo 1 21 Oct 2026

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mock Tribunal - step inside an employment tribunal… without the risk
LBV Website Events GraphicMock Tribunal 21 Oct 2026

Mock Tribunal - step inside an employment tribunal… without the risk

Online, Preston, PR1 3JD

09:30 - 12:30

Preston Freelancer Meet-Up: October
Freelance Meet Up 22 Oct 2026

Preston Freelancer Meet-Up: October

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

10:00 - 12:00

Girlie Night Out
Lancaster And Morecambe Logo 1 23 Oct 2026

Girlie Night Out

Lancaster Brewery, Lancaster, LA1 3LA

19:00 - 23:00

North West Business Expo
LBV Website Events GraphicBusiness Expo 1 23 Oct 2026

North West Business Expo

Toughsheet Stadium , Bolton, BL6 6JW

09:00 - 15:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget 2026 LBV 29 Oct 2026

The PM+M Autumn Budget seminar - East Lancashire

Blackburn Rovers Football Club (Premier Suite), Blackburn, BB2 4JF

08:00 - 10:30

Lancashire Finance Leaders Forum: The Autumn Budget in Focus
ian-UmTFcwHLPC0-unsplash.jpg.jpg 29 Oct 2026

Lancashire Finance Leaders Forum: The Autumn Budget in Focus

Farington Lodge Hotel, Stanifield Lane, PR25 4QR

08:00 - 10:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin