For the purposes of TULRCA 1992, s.62, "industrial action" means "a strike or other industrial action by persons employed under contracts of employment".

This definition applies for the purpose of TULRCA 1992, s.62 ONLY, which is simply concerned with trade union members' rights to seek certain court orders if a union induces members to take "industrial action" without the support of a ballot (TULRCA 1992, s.62(6)).

For purposes other than TULRCA 1992, s.62 "industrial action" has a wide general meaning. It includes such matters as strikes, lock-outs, working to rule, going slow, blacking activities and work-ins. This wider, general, meaning applies for the purposes of TULRCA 1992, ss.237 and 238 (which provide that an employee cannot claim unfair dismissal if he has been dismissed while taking part in an "unofficial strike or other unofficial industrial action" (see UNFAIR DISMISSAL/unofficial industrial action ).

Employment Relations Act 2004 makes various changes. The most important of these is probably that the basic 8 week period of protected industrial action during which dismissal of a striker is generally unfair dismissal is extended to 12 weeks and any lock-out days are to disregarded in calculating the 12 week period (see notes at Acts of Parliament etc/Employment Relations Act 2004 ).

A new 2005 Code of Practice on Industrial Action Ballots and Notice to Employers is in force from 1st October 2005 (by Employment Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2005, SI 2005/2420).

Although there are some relevant notes under Trade union matters/ballots , this program is concerned with individual employment law rather than industrial relations law and therefore, apart from providing references to full text of the new provisions, they are not considered further here). There is also a useful summary on a DTI web-site.

The following DTI booklets contain useful information:

• PL869 - Industrial action and the law: a guide for employees, trade union members and others;
  
• PL870 - Industrial action and the law
  
• PL 943 - Industrial action and the law: Citizen's right to prevent disruption

See also notes at Definitions and interpretation/trade dispute and/or Trade union matters/immunity from civil action in certain cases and Unfair dismissal/strike related dismissals .