Jurisdiction(s):
United Kingdom

FIDIC 2017 Red, Yellow and Silver Books: Defects and Remedial Works Process Flowchart (Clauses 7.5, 7.6, 11.1 and 12.3)

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Flowcharts

This Flowchart explains what the requirements are for industrial action to qualify for statutory immunity under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), as amended by the Employment Rights Act 2025

English law confers no positive entitlement to organise or take part in industrial action. As a matter of common law, such action is ordinarily unlawful. A trade union that calls industrial action will typically commit one or more of the so‑called economic or industrial torts. Individuals who join the action will frequently breach their contracts of employment.

Statute nevertheless intervenes to grant a union immunity from tortious liability when organising industrial action, but that protection is bounded by substantial and intricate statutory requirements. Industrial action that satisfies those requirements is treated as protected. Where statutory immunity does not arise, or is lost, the action is unprotected.

The ramifications for a union of initiating industrial action that lacks statutory immunity can be significant, with the possibility of damages being awarded against it and/or an injunction being obtained. For broader guidance, see Practice Note: The right to take industrial action...

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Web page updated on 22/05/2026

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