In the second half of 2022, the UK saw a surge in striking workers.

First, the rail workers went on strike. Then the barristers. Then the postal workers and bus drivers and GPs. Staff at the Financial Conduct Authority even got in on the (industrial) action, embarking on the first strike in the organisation's nine-year history.

Naturally, this has got a lot of people thinking about strikes. And no doubt they've got questions.

When are you allowed to strike? How does the process work? And what legal protections do striking workers enjoy?

Read on to learn the answers to all of the above – and more.

Sorry, what is a strike?

When workers strike, it means they refuse to work for a certain period. This is usually because of an employee grievance – in other words, the workers feel they're not being treated fairly and withhold their labour in an attempt to convince their employer to change course.

People strike for all sorts of reasons. It could be because they want more pay or better working hours, or simply to effect social change.

Strikes are a form of industrial action – a way for workers to officially express dissatisfaction. Other examples include slowdowns – where workers deliberately reduce productivity – and working to rule, where employees avoid doing anything beyond what's stipulated in their contracts.

When are you allowed to go on strike?

For a strike to be legally valid, it must be:

• Called by a trade union.
• Supported by a majority of affected union members.
• Organised through a postal ballot that follows legal rules.

The rules governing the postal ballot are very particular. For instance:

• The ballot paper must clearly state what the dispute is about and what members' options are.
• The union must send ballots to all members it wants to take strike action.
• The vote must happen before the union asks members to strike.
• If the ballot is sent to more than 50 members, the process must be supervised by a qualified and independent "scrutineer". 

If the union follows these rules and a majority of balloted members vote to strike, the strike can go ahead. The union must then inform the affected employer of its intended strike action at least seven days before it starts.

If the union fails to follow the rules, a couple of things could happen:

• If errors are brought to the court's attention, it may instruct the union to cancel the strike.
• If the strike goes ahead anyway, then members won't be covered by the usual legal protections for striking workers. This means they could be disciplined or dismissed for taking part in the strike.

Can public service workers go on strike?

Yes. They can, they do and they have.

However, the rules are a little stricter for certain public service workers. This includes healthcare, transport and border security staff – as well as those working in nuclear decommissioning. These sectors fall under the government's definition of "important public services".

In a typical strike scenario, a majority of affected union members must vote in favour of the strike. However, for these "important public service" workers to call a strike, at least 40% of all union members must vote in favour.

In addition, 50% of all ballots must be returned for a strike to be valid.

What legal protections do striking workers have?

As long as the strike is properly organised, participants are protected by several employment rights. For instance:

• Striking workers can't be forced to go to work or stay at work.
• They can't be dismissed because they've taken part in a strike.

There are exceptions. Employees can be dismissed if the ballot was improperly organised, if the strike went ahead without proper notice or if it breaks the rules for any other reason.

And there's a time limit. If the strike lasts longer than 12 weeks – and the employer has tried to resolve the dispute – then workers can be dismissed for taking part.

If you believe you've been unfairly dismissed for taking strike action, it may be advisable to seek legal advice. A qualified employment solicitor can help you make sense of your situation and decide on the best course of action to take.

Won't taking part in a strike contravene my employment contract?

Yes. Almost certainly.

In fact, an employer can sue a worker for breach of contract if they strike. However, this is very rare.

As the Local Government Association says, "[suing individual workers] is not recommended. As well as the detrimental effect it would have on industrial relations, each worker can only be sued for the loss for which he or she was personally responsible, which could be very difficult to establish".

What's more likely is:

• Your employer will reduce your "length of service" for the duration of the strike. This can have knock-on effects on pensions and redundancy payouts.
• Your employer will withhold pay for the duration of the strike.

My union has called a strike – can I refuse to take part?

Yes. You have no obligation to take part in strike action and you can't be dismissed or disciplined by your union for your decision.

If you do get dismissed or punished for refusing to strike, you have grounds to take your complaint to an employment tribunal. You may want to seek employment law advice before doing so.

Can non-union members take part in a strike?

Yes, non-union members are allowed to strike alongside union-represented colleagues. However, the strike must be organised by the trade union and must follow the rules laid out above.

Can non-union members organise a strike?

Technically, yes. But the strike won't be legally valid and participants will put their jobs at risk. Workers who strike without union backing give up all the usual legal protections, including protection from dismissal.

These kinds of strikes are sometimes called "wildcat strikes". They can be organised by a group of employees or a single employee.

Can I strike in solidarity with a friend?

Not if your friend works for a different employer. This is called "secondary action" and is illegal.

What is a lockout?

You can think of a lockout as the opposite of a strike. It's when a business stops its employees from working because of a dispute.

The company might change the locks or hire security guards to stop workers from entering its premises, hence the name "lockout".

For expert employment law advice, contact Milners Law. Our qualified employment solicitors pride themselves on providing friendly, fast-acting advice for employees who have been treated unfairly. Specialisms include unfair dismissal, disciplinaries, harassment and discrimination.