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RUSSIA: "Worker Morale in Russia: An Exploratory Study". 28-page study by The William Davidson Institute.
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backEUROtalk August, 2012
UK: Industrial action contingency planning
In our March 2012 edition of this newsletter, we explored how UK employers can prepare for the threat of strike action, looking at some recent disputes and resulting court guidance. However, the legal options open to an employer facing industrial action are only part of the picture; there are many practical steps that employers need to consider including careful business contingency planning to address how to enable the business to continue to operate as effectively as possible during a period of industrial action.
Contingency planning should start from the moment a dispute looks like it could lead to industrial action, bearing in mind that, while typically it will take a union four to six weeks to get to a strike from the date they first give notice of the ballot, it is possible to complete the ballot process within three weeks.
On being notified of the possibility of industrial action, some of the immediate steps that an employer may wish to take include:
1. Prevent all employees from booking holiday for the planned strike period (the employment contract permitting). For holiday already booked, it may be reasonable to require employees to cancel holiday provided that the employer meets cancellation fees, gives reasonable notice, and accommodates any employees who have special reasons for not cancelling.
2. Arrange cover: An employer facing the possibility of strike action may be tempted to contact the local employment agency to arrange for agency workers to cover for the workers going on strike. However, the Conduct of Employment Agencies and Employment Businesses Regulations prohibits the supply of agency workers to fill the roles of those taking part in official industrial action, or the roles of existing staff who are covering the strikers' roles. The prohibition applies to workers engaged by the agency to work under the control of the employer. Breach is a criminal offence with potentially serious consequences. However, the prohibition does not apply to:
· Using the employer's own workers to cover, provided that their roles are not filled by agency workers.
· Engaging workers directly, i.e. directly hiring casual workers. It would still be possible to use an agency to locate and screen the workers (for example, undertake reference checks), provided that the agency does not then engage them.
· Outsourcing the work to another employer via a true managed service arrangement (that is, where the services are carried out by employees of the provider and under the provider's control). However, some care is needed since the definition of "agency" is broadly drawn, and could capture more than just traditional employment businesses.
(It may also be possible to bring agency workers in to clear the backlog after the event; the legislation is unclear on this point.)
3. Anticipate higher levels of sickness absence than normal. An employer facing industrial action may decide to require medical evidence of all illness during the relevant period, and put in place different and more stringent requirements generally. While such an approach may well prompt claims from disgruntled employees, it does typically result in much lower levels of sickness absence through the crisis period.
4. Be prepared to keep communicating with the workforce and maintain a measured and conciliatory approach while stressing the employer's position and the bigger picture, including the reputational and financial damage to the company (and inconvenience to customers) if the strike goes ahead. Strike ballots can be won on a very low turn out, so the employer must, at all costs, discourage voter apathy in order to get the "no" vote out. At the same time as managing its internal communications, an employer will need to consider its external public relations strategy in light of any press interest.
5. Be prepared to deal with any "wildcat" action, which can occur when employees suddenly "down tools" and walk out. When that happens, the initial question is whether there is evidence that action has been authorised or endorsed by the union. Wildcat action organised by the union will be unlawful because it will not have complied with the balloting and notice requirements unless the union is able to repudiate the action under sections 20 and 21 of the Trade Union and Labour Relations (Consolidation) Act 1992, and does so. As a first step, the employer is likely to want to write to the general secretary of the union demanding that the union repudiate the strike and threatening injunction proceedings. Meanwhile, on the ground, managers should inform employees that they are in breach of contract and must return to work.
Source: Baker & McKenzie - GAI
For more information or to contact Baker & McKenzie, please click here.
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