PICKETING GUIDELINES

What is picketing?

  • Picketing is the term used to describe attempts by those taking part in a picket, to persuade others not to enter a place of work.

Where can pickets picket?

  • at or near the worker’s own place of work i.e. no secondary picketing
  • a mobile worker with two or more workplaces or no workplace can picket any premises from which he/she works or work is administered - this does not mean any premises of the employer
  • a worker who is sacked in connection with the dispute can picket their former place of work unless/until they get other work.

Who can picket?

  • Union officials can picket with workers whom they represent. This includes Regional Organisers and Branch Secretaries.
  • The Code of Practice : Picketing 1992 (The Code) allows for a maximum of six pickets - legal and/ or police action is still likely if this number is exceeded.
  • It may be possible to agree 8 to 10 pickets on a picket line but do not risk arrest over the issue.
  • Peaceful demonstrations near to the picket line, which do not obstruct the highway, or access to the employer’s premises, should also be allowed. Those taking part should not abuse, threaten, intimidate, harass, molest and / or assault employees and / or attempt to block the highway or the entrances to the premises of employers. Separate guidance in the right to demonstrate is also being issued.
  • It is important to note that we cannot simply argue that only those with armbands are pickets and that those taking part in demonstrations are exercising their democratic right to march and demonstrate in any circumstances. Where the intention of the demonstrators as shown by their actions is to persuade others not to work, they will be classed as pickets. And unless those classed as ‘pickets’ are picketing lawfully at or near their place of work etc (see above), the union could lose its statutory protection.

Who can be picketed?

  • All members included in the ballot (provided they are still employed by an employer in the dispute).
  • New members who (1) joined before the ballot closed and who were included in the ballot; or (2) joined before the ballot closed but who it was not reasonably practicable to include in the ballot (due to timescales); or (3) joined after the ballot closed
  • workers of the employer in dispute who are not a member of any union
  • workers of the employer in dispute who are members of another union, regardless of whether that other union held a (valid) ballot and where it did, regardless of the result of that ballot.

Picketing and Demonstrating Distinguished

Peaceful demonstrations at or near a place of work in support of an industrial dispute are, as stated above, and subject to the necessary permissions having been obtained, lawful. However, there may well be a fine line between peacefully demonstrating and picketing.

Where the intention of the demonstrators as shown by their actions is to persuade others not to work, they will be classed as pickets too. And unless those classed as ‘pickets’ are picketing lawfully at or near their place of work etc (see above), the union could lose its statutory protection.

On the other hand, taking part in peaceful marches and rallies along the highway is not picketing, unless for example those taking part break ranks and begin obstructing the highway and / or assaulting, threatening, abusing, intimidating, molesting, harassing employees in order to dissuade them from working. A substantial amount of shouting and chanting from demonstrators might well come within the parameters of lawful and peaceful assembly. There is however a distinction to be drawn between chanting and calling out on the one hand and shouting abuse and threats on the other.

In summary therefore, in order to avoid being classed as pickets, those taking part in lawful demonstrations and rallies should not abuse, threaten, intimidate, harass, molest and / or assault employees and / or attempt to block the highway or the entrances to the premises of employers. Please read our separate guidance about what you can and cannot do when protesting.

Finally, in an ideal world, the owner of the land where the picketing and or demonstrating is taking place should be approached for permission to use the land for that purpose. That is not necessary where the land is a public highway. Although where the land being used is for example a narrow pavement, that is also likely to limit the number of people who can lawfully take part.

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