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

Historic Blackpool building to house business growth hub Blackpool Stanley Buildings

Historic Blackpool building to house business growth hub

05 Dec 2023

2

Plans approved for 800,000 sq ft Preston industrial scheme Aptus visuals

Plans approved for 800,000 sq ft Preston industrial scheme

04 Dec 2023

3

Seek early advice with personal debt Amy Mehers of Leonard Curtis

Seek early advice with personal debt

05 Dec 2023

4

Tech helps to meet FCA Consumer Duty standards Untitled design (1).png.png

Tech helps to meet FCA Consumer Duty standards

05 Dec 2023

5

CMAC acquisition wins Chamber award CMAC CHC Award

CMAC acquisition wins Chamber award

05 Dec 2023

2664LBD980x120gif
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Help to Grow Management Course
Collaboration v3.png.png
LBV Hub Seminars
31 Oct 2023 - 14 Feb 2024

Help to Grow Management Course

University of Central Lancashire, School, Online and face-to-face , UCLan, PR1 2HE

09:30 - 11:30

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
05 Dec 2023

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Withnell, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING Networking In Halifax (1).png.png
LBV Hub Networking
05 Dec 2023

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
06 Dec 2023

Business Networking in Preston - BNI Diamond

Norman Jepson (Beefeater), Bluebell Way, Preston, PR2 5PZ

07:15 - 09:00

Business Networking in Lancaster - Eden Business Network
Eden Business Network.png.png
LBV Hub Networking
06 Dec 2023

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

The Business Network Central & East Lancashire
LBV Hub Networking
07 Dec 2023

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:30

Twas the night before ransomware
Event Graphic 3.jpg.jpg
LBV Hub Seminars
07 Dec 2023 - 07 Dec 2023

Twas the night before ransomware

The Lowry Theatre, Salford Quays, M50 3AZ

14:00 - 17:00

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
07 Dec 2023

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Discover the power of BNI - Business Networking in Preston
Preston.png.png
LBV Hub Networking
07 Dec 2023

Discover the power of BNI - Business Networking in Preston

Samlesbury Preston Hotel, Preston New Road, Samlesbury, PR5 0UL

09:30 - 11:00

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
07 Dec 2023

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
08 Dec 2023

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
08 Dec 2023

Business Networking in Preston - BNI Brunch

Samlesbury Hotel, Preston, PR5 0UL

09:30 - 11:00

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 LBV Advertising Visual NovDec
Subscribe now

Weekly news bulletin