Distinguish between official and unofficial employee action. (ac 2.2)

Distinguish between official and unofficial employee action. (ac 2.2)

Official and unofficial employee action represent the two forms of industrial action in which employees can participate, of which each one has its own legal framework and consequences.

Official Action:

Official action is when a trade union acts in compliance with the labour laws and the rules of carrying out such typical actions. This includes holding a ballot for members to vote on taking industrial action, such as striking or taking other forms of industrial action. During official industrial action, employees are protected by industrial action law. This means that if they are dismissed for taking part in official action, it would be considered an unfair dismissal unless there are specific exemptions.

To be considered official, the trade union must meet certain requirements, such as holding a ballot before taking action, giving the employer one week’s notice of the ballot starting, inviting all eligible members to vote, and sharing the vote tallies with everyone who was eligible to vote.

Unofficial Action:

Unofficial action occurs when a trade union takes action without following the legal rules, or when employees take action that’s not authorized by a union. This can include wildcat strikes, where employees strike without involving their union. Employees who take unofficial action are not protected by industrial action law. However, they still have their usual employment rights. If they are dismissed for taking part in unofficial action, they would not be protected from unfair dismissal unless the reason for dismissal was automatically unfair, such as for whistleblowing or seeking to exercise legal rights.

Unofficial action can also occur when a trade union fails to hold a ballot, does not notify the employer about the industrial action ahead of time, or if the action has been repudiated by the trade union or is in support of workers of another employer, promotes union labor-only practices, or is in support of anyone dismissed for taking unofficial action.

The major distinction between official and unofficial employee actions is the legal cover and procedure being followed. While the official action is legally protected and requires a ballot and employer’s notification, unofficial action is deprived of any protection and is not bound by the same legal procedures. Knowing the difference is of primary importance for personnel because this is the only way for them to learn their rights and the possible consequences of their actions in the workplace.

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