A strike is defined in ERA 1996 s.235(5), for the purposes specified) as:

"(a) the cessation of work by a body of employed persons acting in combination, or
(b) a concerted refusal, or a refusal under a common understanding, of any number of employed persons to continue to work for an employer in consequence of a dispute,

done as a means of compelling their employer or any employed person or body of employed persons, or to aid other employees in compelling their employer or any employed person or body of employed persons, to accept or not to accept terms or conditions of or affecting employment".

There is a much shorter definition in the Trade Union and Labour Relations (Consolidation) Act 1992, where a "strike" is defined simply as "any concerted stoppage of work" (TULRCA 1992, s.246, which applies for the purposes of Part X, "industrial action").

Amongst the main significant features of a strike, from the narrow point of view of employment law, are:

(a) that time spent on strike is not included in calculating the length of an individual's period of continuous employment (ERA 1996 s.216(1));

(b) that, in general, an employee dismissed while on unofficial strike forfeits any right to unfair dismissal compensation (TULRCA 1992 s.237(1)).

(c) the three month time-limit for presenting a complaint of unfair dismissal is doubled to six months if the employee was on strike when he was dismissed (TULRCA 1992, s.239(2)(a) (see time-limits/for various applications to Employment Tribunals/unfair dismissal claims ).

In the interests of accuracy and for avoidance of confusion it is worth recording that, notwithstanding popular language, there is no such thing in British law as a "right to strike". The right is a right not to suffer a detriment as a result of taking part in a strike, provided the strike was properly called taking into account the procedural and other requirements of the law (see Strikes/official and unofficial strikes and/or Unfair dismissal/automatically unfair dismissals/industrial action ). The European Human Rights Convention and the Human Rights Act 1998 give a legal right of "freedom of assembly and association" (art 11) - see notes at Human Rights/Human Rights Act 1998/a general note . Judgments of the European Court of Human Rights in the 21st century have suggested that art 11 may give employees wide protection against action being taken against them for taking part in a strike.

For notes concerning loss of unfair dismissal rights if an individual is dismissed while he is on unofficial strike, see Definitions and interpretaion/unofficial strike .

Special rules making strikes unlawful apply to Members of the Armed Forces, Police officers and Prison officers (see appropriate sub-headings under main heading Specific employments ).

The Government has published two useful booklets, BIS Industrial action and the law: A guide for employees, trade union members and others (2010); and BIS Industrial action and the law: Citizen's right to prevent disruption (2006).

See also notes on Trade union matters/industrial action and/or Strikes/official and unofficial strikes and/or Unfair dismissal/automatically unfair dismissals/industrial action .