What is a trade dispute? The basis for protected action

Care staff challenging unsafe staffing, warehouse workers fighting rota cuts, cleaners asking for a pay rise. Each can have a trade dispute with their employer. The law protects some action over those disputes, but it won’t pay your lost wages. Before you miss a shift, ask your union whether the action covers you.

We explain Great Britain’s law as at 1 October 2026. Northern Ireland’s separate rules are below.

What counts as a trade dispute

Section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992, or TULRCA, defines a dispute between workers and their employer, “wholly or mainly” about one or more of these seven subjects:

• Employment terms and conditions, including pay, or the physical conditions in which you work.
• Hiring, refusal to hire, dismissal, suspension or employment duties.
• How work or duties are allocated between workers or groups of workers.
• Discipline.
• Union membership or non-membership.
• Facilities for union officials.
• Arrangements for negotiation or consultation, including union recognition.

Missing holiday pay, unsafe care-home staffing and disciplinary action against a colleague can qualify. The employer need not have broken the law. Demanding better lawful terms can also be a trade dispute.

Section 244 includes personal-work relationships beyond employees, and workers dismissed in connection with the dispute. That broad definition does not give everyone an unfair dismissal claim.

Why the legal definition matters

Section 219 protects unions and organisers from specified civil claims, including inducing a breach of contract, for acts “in contemplation or furtherance of a trade dispute”. Other legal requirements must also be met. Without immunity, an employer can seek damages or an injunction to stop the action.

Immunity does not cancel your contract. A protected strike usually breaches your obligation to work, and pay can be withheld. Employees have separate dismissal protection under section 238A, with no minimum service requirement.

If you began taking protected action on or after 18 February 2026, automatic unfair dismissal protection no longer expires after a fixed participation period. Earlier participation keeps the old rules, including an initial 12-week protected period. That was not an absolute cut-off in every case. Get advice if the dates straddle the change.

What is not a trade dispute

This employment-law definition has nothing to do with tariffs or trade wars. Nor does every workplace row qualify.

A dispute about your employment can have political implications. But adding a pay demand to a general political protest does not automatically satisfy section 244. Mixed demands need advice on their main subject and the parties involved.

How action becomes protected

The union must also follow the industrial action rules. For current Great Britain ballots and notices:

1. Tell the employer about the ballot. Give at least 7 days’ notice before opening and a sample voting paper at least 3 days before opening.
2. Hold a compliant secret ballot. Invite all members the union reasonably believes it will call on to act. More votes must favour the action than oppose it. An independent scrutineer is needed if more than 50 members are entitled to vote. Electronic and workplace balloting have been permitted alongside post since 25 August 2026.
3. Give the result and action notice. Tell eligible members and the employer the result. Written action notice must reach the employer at least 10 days before action starts. It needs specified information about categories and workplaces. Individual names are not required.
4. Stay within the mandate and authorised call. The mandate expires 12 months from the last day votes can be cast. Starting action before expiry does not allow it to continue indefinitely. The ballot must support the action, called by someone the union has authorised.

The 12-month mandate applies to ballots opened on or after 18 February 2026. Earlier ballots were not automatically extended. Action-notice rules depend on when the employer received notice. See GOV.UK’s transition guidance and section 234.

Our strike ballot guide explains the timetable.

What action can be protected

Strikes, overtime bans, working to rule and go-slows can be industrial action. The ballot must support the type called. Working to rule can mean refusing voluntary work while fulfilling your contract, so need not breach it. A lockout is employer action preventing workers working.

Members the union expected to call out should have been invited to vote. You need not have voted yes to join protected action. Ask your rep if you were missed off or work in another group.

Pay, continuity and a worked example

Your employer can withhold pay for strike time not worked. For hourly pay, calculate the hours missed. Action short of a strike requires checking your duties and the work offered. Ask your union to check a threatened deduction.

There is no universal salaried deduction. In Hartley v King Edward VI College, teachers’ annual salaries were apportioned at 1/365 per strike day. The contract matters, including whether it expressly displaces statutory apportionment. Get your employer’s calculation in writing.

Strike days do not break continuous employment but do not count towards its length. Record them if you are near a service threshold.

Can you be sacked or punished for striking

Dismissing an employee for taking protected action is automatically unfair. Dismissal for an unrelated reason is different. Keep any messages linking the decision to the strike.

Non-employee workers cannot claim unfair dismissal. But “agency”, “casual” or “zero-hours” labels do not settle your status. Ask an adviser to check the relationship, and read our employment status guide.

If you are dismissed, watch the claim deadline

For an effective termination date on or after 1 October 2026, the normal unfair dismissal deadline is 6 months less a day, subject to Acas early conciliation. Earlier termination keeps the old 3-month limit. The termination date, not the filing date, determines the rule. See section 111 and the transitional regulations.

If your employer punishes you without dismissing you

In Secretary of State for Business and Trade v Mercer, decided on 17 April 2024, the Supreme Court held that section 146 did not protect lawful strikers from detriment short of dismissal. It declared the gap incompatible with Article 11 of the European Convention on Human Rights, without rewriting the law.

Unofficial action can defeat an ordinary unfair dismissal claim under section 237. Official union endorsement alone does not cure a defective ballot or notice. Unprotected action does not erase every other employment right. Get advice on the particular claim.

Picketing and strike cover

Section 220 covers peaceful picketing at or near your workplace to inform or persuade people. It does not permit intimidation or road obstruction. The statutory supervisor requirement ended on 18 February 2026. Check the union’s arrangements and our picketing guide.

Under regulation 7, an employment business must not supply temporary workers to cover official industrial action where it knows, or has reasonable grounds to know, about it. The restriction includes indirect cover through reassigned staff. The 2022 repeal was quashed in July 2023. This is not a ban on all replacement labour. Give your union any agency-cover advert or message.

If you work in Northern Ireland or Scotland

The rules above apply in England, Wales and Scotland. Industrial relations law is reserved to Westminster; Scotland has no separate strike regime.

Northern Ireland has separate legislation. Nidirect describes a postal secret ballot, at least 7 days’ action notice and action beginning within 4 weeks of the ballot, or 8 by agreement. There is an initial 12-week dismissal-protection period; further protection depends on additional conditions. The Great Britain reforms do not replace these rules.

Contact the Labour Relations Agency, not Acas, for Northern Ireland advice. Our Northern Ireland guide explains the differences. Employers operating in both jurisdictions must account for both regimes.

What changed in 2026

1. 18 Dec 2025Minimum service levels repealed

   The 2023 Act and its work-notice regime were repealed.

2. 18 Feb 2026Industrial action rules eased

   The 50% turnout and 40% important-public-services support thresholds ended. Mandates increased from 6 to 12 months; action notice fell from 14 to 10 days. The picket-supervisor requirement ended. Dismissal protection was extended. Earlier ballots, notices and participation have transitional rules.

3. 25 Aug 2026Balloting methods widened

   Electronic and workplace ballots became permitted alongside post.

4. 1 Oct 2026Tribunal time limits extended

   The 3-to-6-month reforms took effect, subject to transition. Scotland’s tribunal breach-of-contract change is scheduled for 9 November 2026.

5. 30 Oct 2026Further protections scheduled

   Strike detriment protection, stronger union access rights and representative protections are scheduled, not in force on 1 October. Future dates remain subject to parliamentary processes.

See the government’s implementation timetable.

What to do today

1. Write down the demand. Name your employer and the pay term, rota, safety condition or disciplinary decision that needs to change. Add dates and evidence.
2. Contact a union. Start with your workplace rep. Otherwise, UNISON covers care and NHS support, Unite hospitality and logistics, GMB retail and warehouses, and IWGB riders and cleaners. These are options, not exclusive choices. See our membership guide.
3. Confirm that the action covers you. Give your employer, workplace, job and membership status. Ask about authorised dates, notices, mandate expiry, lost wages and strike pay.
4. Seek advice before walking out. A group chat vote is not a statutory ballot. Ask about a collective grievance, negotiations and Acas help resolving the dispute. Acas, Citizens Advice and law centres offer free advice. For recognition disputes, read how a union gains recognition.
5. Act if your employer retaliates. Save messages, rotas and payslips; record witnesses. Contact your rep or union legal service. For an individual Great Britain tribunal claim, notify Acas for early conciliation and check the deadline. This is separate from collective dispute resolution. Read about punishment for union activity and unfair dismissal.

Questions people ask

Can you join the strike if you voted no?

Yes, if you are in the group covered by the union’s protected action. Your personal vote does not decide dismissal protection.

Do you lose pay when you strike?

Your employer can withhold pay for time not worked. The calculation depends on your contract and pay arrangement. Ask for the basis of the deduction rather than assuming the 1/365 formula applies.

What if you are not in a union?

You cannot vote in the union ballot, but you can join official action in the group it covers. An employee can still have dismissal protection. Confirm coverage with the organising union.

Can your employer cut shifts after a lawful strike?

The strike-detriment protection scheduled for 30 October 2026 is not in force on 1 October. Keep the rotas and messages, and ask an adviser whether the facts support another claim.

Sources

1. Trade dispute definition, TULRCA 1992, section 244, legislation.gov.uk.
2. Protection from specified civil claims, section 219, legislation.gov.uk.
3. Secondary action, section 224, legislation.gov.uk.
4. Expiry of ballot support, section 234, legislation.gov.uk.
5. Notice of industrial action, section 234A, legislation.gov.uk.
6. Dismissal for protected industrial action, section 238A, legislation.gov.uk.
7. Dismissal during unofficial action, section 237, legislation.gov.uk.
8. Peaceful picketing, section 220, legislation.gov.uk.
9. Employment Rights Act 2025 and Commencement No. 1 Regulations 2026, legislation.gov.uk.
10. Trade union law: transition to Employment Rights Act 2025, GOV.UK. Ballot, notice and dismissal transition rules.
11. Plan to Make Work Pay and Employment Rights Act: timeline update, GOV.UK, updated 25 September 2026. In-force and scheduled reform dates.
12. The law on industrial action, Acas. Types of action and who can participate. For turnout and commencement rules, we use the legislation and government transition guidance where this page is inconsistent.
13. Secretary of State for Business and Trade v Mercer, [2024] UKSC 12, Supreme Court, with press summary. Source for the care-worker reality check and the section 146 gap.
14. Hartley and others v King Edward VI College, [2017] UKSC 39, The National Archives. Strike-pay calculation and contractual limits, especially paragraphs 25 and 37 to 41.
15. Employment Rights Act 1996, section 111, and SI 2026/954, regulation 4, with its schedule, legislation.gov.uk. Unfair dismissal deadline and transition.
16. Industrial action, nidirect. Northern Ireland rules and continuity of employment.
17. Tribunal Statistics Quarterly: July to September 2025, Ministry of Justice, section 6. Source for the 515,000-open-claims reality check.
18. Conduct of Employment Agencies and Employment Businesses Regulations 2003, regulation 7, legislation.gov.uk; Agency workers and industrial action, House of Commons Library. Agency strike-cover restriction and the quashed repeal.