The legal right to strike: an overview
The right to strike in the United Kingdom is a qualified one, balancing the interests of workers to withhold their labour against the needs of employers and the wider public. In practice, industrial action is permitted, provided that a strict statutory process is followed. In brief, this involves the relevant recognised trade union complying with legal requirements, including:
- Conducting a ballot of affected members and achieving majority support; Providing advance notice to the employer (usually at least 14 days); and specifying the nature, timing, and duration of any planned industrial action.
- Provided these requirements are met, the action is deemed "protected," meaning that dismissals for participation in the strike are generally considered automatically unfair.
- However, there are limits: industrial action must relate to a trade dispute (such as pay or terms and conditions), and certain groups—most notably the armed forces and police—are prohibited from striking. Junior doctors, as part of the NHS workforce, do not fall under these prohibitions and may exercise their right to strike, subject to the procedures outlined above.
- No minimum service requirements: legal context
While some countries require minimum service levels to be maintained during strikes in essential sectors such as health or transport, the UK, until very recently, imposed no such statutory requirements on the NHS. This means that, in particular situations (such as the junior doctors strikes), there is no legal obligation for those striking, or their union, to guarantee the provision of a set level of staffing or services.
The absence of a statutory minimum service level has been a source of contention, with some arguing that it increases the disruptive potential of strikes in essential services, while others maintain that imposing legal minimums would undermine the bargaining power of workers.
In 2023, the Government introduced legislation granting ministers the power to set minimum service levels in certain sectors, including health services. However, as of mid-2025, these powers have not been widely implemented, including in the context of junior doctor strikes, and the practical effect remains limited. The balancing act between protecting the public and respecting workers’ rights continues to fuel legal and political debate.
Financial implications
Industrial action carries significant direct and indirect costs for public sector employers and the wider economy. In the long term, unresolved disputes may contribute to higher staff turnover, increased sickness absence, and difficulties in recruitment and retention—all of which carry financial penalties.
Broader implications for the public sector
Both the junior doctor and train driver strikes are emblematic of wider pressures facing all public sector employers. Industrial action by one group can inspire similar action elsewhere, as public sector workers seek to improve their conditions in the face of austerity and inflation. The cumulative effect is a more challenging environment for public sector employers, in terms of workforce planning, service delivery, and public trust in state institutions.
Conclusion
Public sector employees are entitled to take industrial action following prescribed legal steps, and, in the absence of minimum service requirements, their strikes can have profound effects on service provision. For public sector employers, these strikes pose operational, financial, and reputational challenges, and highlight systemic issues that stretch beyond the immediate dispute. As the debate over public sector pay and conditions continues, the question of how to balance workers’ rights, public safety, and service sustainability remains at the heart of the conversation. Public sector employers are therefore encouraged to maintain trusted channels of communication with employees, through the use of staff focus groups and employee representatives, as a means of fostering good relations, in an effort to navigate these challenges.
Should you require any assistance with the context of this document, please feel free to contact the Employment Team.
