No strike clauses

No strike clauses are provisions which limit industrial action and strike action in particular.

No strike clauses are now covered by section 180 of the Trade Union and Labour Relations Act 1992.

 

No strike clauses are provisions which limit industrial action and strike action in particular. Are such provisions part of the contract of employment? No strike clauses are only part of the contract of employment if they are incorporated into the contract of employment and then only if:

 

  • the collective agreement is in writing;

  • the provision expressly states that it is incorporated into contracts of employment and the contracts acknowledge this; and

  • such provisions are reasonably accessible in the workplace during working hours.

 

Police contracts of employment are subject to no strike clauses and other examples can be found in the public sector where important front line and emergency services are involved.

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