Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


What is the difference between lawful and unlawful industrial action?

How does a trade union gain statutory protection in relation to industrial action?

What can be categorised as a trade dispute?


Is it possible to gain an injunction to prevent industrial action?

It is possible for an employer to gain an injunction to prevent industrial action if that action would be unlawful, for example if the union has not complied with the statutory requirements on balloting and notification.

The Employment Relations Act 1999 removed the obligation on unions to identify members being balloted by name and required "accidental" failures to comply with the requirements to be disregarded. The scope for obtaining injunctive relief is therefore severely restricted.

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What is the difference between official and unofficial industrial action?

Can an employee be dismissed for taking lawful industrial action?

Where employees take strike action, can their employer hire temporary staff to cover their work?

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