Chapter 3 - Industrial action

Appendix 1 - Types of industrial action

Introduction

1. Industrial action can take many forms, the extent and impact of which will often depend on the causes and issues at stake in any particular dispute. This Appendix provides details of the main types of industrial action.

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Official industrial action

2. Official industrial action is that which is authorised or endorsed by a recognised trade union. In practice, this means any industrial action which is authorised by the trade union from the outset and any industrial action which starts as unofficial but which the union later decides to endorse. A formal ballot must precede any form of official industrial action. The union is required to give the employer 7 days written notice of the intention to hold such a ballot. In the event of such notice being given locally, the Area Business Manager/HQ Director must contact Personnel Directorate immediately.

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Unofficial industrial action

3. Unofficial industrial action is that which is not authorised or endorsed by a recognised trade union. By its nature unofficial industrial action is often initiated at local or branch level in response to particular issues, although it may sometimes form part of a wider co-ordinated campaign. Such action is therefore likely to take place spontaneously or at least with little forewarning and management should therefore have a contingency plan for dealing quickly with this action should it arise. Area Business Managers/HQ Directors will need to notify Personnel Directorate immediately if unofficial industrial action is in prospect. As such action does not have official union backing it may be appropriate to make efforts through the union to establish whether members can be persuaded to resume normal working.

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Strikes

4. Striking, whether official or unofficial, is treated as unauthorised absence and constitutes, in legal terms, a fundamental breach of contract by a civil servant. Strikes can be long-term (when the union has called out its members for an indefinite period); short-term (for example a one day strike, or a strike for one or two hours only); or intermittent (when strikes take place for part of the day or week on a rolling basis but normal working is resumed for the rest of the working day/week). Whatever other response may be appropriate in particular circumstances, the central principle is "no pay for no work."

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Industrial action short of a strike

5. There are a number of ways in which staff may take industrial action short of a strike. Where any of these forms of action are threatened or occur, guidance on the most appropriate management response should be sought immediately from Personnel Directorate.
• Bans on overtime
  Bans on overtime are a common form of industrial action. Overtime bans may be introduced to put collective pressure on management to make concessions over a particular dispute and may in certain circumstances constitute a breach of contract.
• Working to rule/going slow
  This can have a damaging and disruptive effect on work, whilst those engaged in such action suffer no financial loss and unions do not have to meet 'strike pay'. In areas of work where, of necessity, there are detailed instructions about the way in which a task should be done, working to rule offers considerable scope for disruptive action. It will be necessary for management to establish the extent to which staff are deliberately applying an over-rigid interpretation (or misinterpretation) of rules and instructions with the aim of creating maximum disruption.
• Wilful disruption (eg selective working)
  It is necessary to consider whether the intention is wilfully to disrupt the employer's business or merely involves a withdrawal of goodwill. Where there is wilful intent to disrupt the Department's business, such action could amount to a breach of contract. Selective working may be a refusal to undertake certain tasks or a refusal to operate new working procedures. Where selective working is in prospect, it may be possible to specify in advance to the staff involved the duties to be undertaken and when. Failure to comply with such instructions given in advance may then amount to a breach of contract.
• Non co-operation with job evaluations and similar exercises
  Management may require a civil servant to be interviewed in connection with exercises such as Job Evaluations, efficiency scrutinies or the implementation of new working practices. Co-operation with management on such exercises constitutes part of a civil servant's obligations as an employee. Refusal to be interviewed may thus be a fundamental breach of an officer's terms of employment.
• Health, Safety and Accommodation Issues
  There may be occasions when staff take spontaneous unauthorised absence over issues relating to health, safety and accommodation. In most instances of health and safety, management should seek guidance from the Central Property Unit on the extent of any hazards, and where necessary take appropriate steps to reassure staff. Any action to be taken about disputes arising over local accommodation issues must be left to management's discretion, guided by the appropriate procedures (eg on how to deal with the release of asbestos dust into the atmosphere). However, the normal rules (eg loss of pay etc) should apply to any unauthorised absence.
• Sit-ins
  Sit-ins have not so far been a feature of industrial action in the Civil Service. In normal circumstances, employees use their employer's premises with the employer's express or implied consent. However, if they, or indeed third parties, occupy the premises for a sit-in they may become trespassers, whether or not the sit-in is in contemplation or furtherance of a trade dispute. The first step in any attempt to remove people involved in a sit-in should always be to instruct them to leave the premises. If staff refuse to leave legal advice should be sought. It may be appropriate to take legal proceedings seeking an injunction or an order for possession. A sit-in during which no work is done is the equivalent of unauthorised absence and should be unpaid. If a sit-in takes place, managers should identify those staff who have taken part and ensure as a minimum response that pay is stopped for the period concerned.
6. The above is not an exhaustive list of all possible types of industrial action, but covers the main forms which are likely to be encountered in the Crown Prosecution Service during any dispute. Guidance on the response to actions not listed here should be obtained from Personnel Directorate, where necessary.

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