You may vaguely remember the Winter of Discontent in 1978–79 when 4.6 million public and private sector workers went on strike to obtain cost-of-living pay rises following an increase in inflation to 13%.
Today we have the highest inflation rate for 40 years.
One of the biggest differences between now and 1978-79 is the strength of the trade unions. In the 1970s over 13 million workers were trade union members, twice the figure there are now. Many of the 1978-79 strikes started unofficially, with no effective trade union laws in place. This meant workers could “down tools” and walk out on strike without a ballot. They could also picket other workplaces (secondary picketing). All of this is now illegal.
Back to the current day; we are now experiencing a series of one day rail strikes by Rail, Maritime and Transport Union (RMT) members, as well as industrial action by criminal law barristers and further strike action being threatened by NHS workers, civil servants and BT engineers.
Unite, the largest private sector union in the UK, has already labelled the summer as the “Summer of Discontent” with people talking about the impending “Winter of Discontent” and what that might bring.
After the years of disruption caused by Brexit, the pandemic, the war in the Ukraine and rising energy, food, fuel and inflation costs, people are feeling very unsettled as we head into the winter. If these factors result in people being not able to feed their families or heat their homes, they may feel there is no other option than to strike, even in businesses which are non-unionised and where employees typically wouldn’t go down this route.
The government response has been to repeal a restriction under Regulation 7 of the Conduct of Employment Agencies and Employment Business Regulations 2003 which prohibits recruitment agencies from supplying temporary agency workers during strike action. Government officials recognise there are likely to be staff shortages and are prepared to change the law so temps can be used during a strike, to ensure productivity is not further damaged.
This change is likely to make employees feel more helpless in their ability to challenge and contest the adverse conditions they find themselves in. It is also likely that agencies will be unable to source sufficent numbers of suitably skilled staff at short notice to cover strike action. This leaves businesses unable to hire people with the necessary qualifications, skills and experience to comply with health and safety and other regulations so increasing their risk of accidents, fines, penalties and claims.
On top of this, the government has also increased the upper limit on the damages that a business can claim if industrial action is deemed unlawful. For the largest unions with 100,000 members or more, the maximum exposure to damage claims has increased to £1m.
Together with the lack of focus on the rising cost of living by a government which is instead focussed on internal elections, these measures are unlikely to placate an increasingly frustrated UK workforce. With no clear sign of how the government is going to deal with the winter challenges, employees may feel the only solution is to join a trade union who will ensure any strike action is lawful. When the country is already struggling to operate, this move back to stronger unionisation may feel like the only solution. In the last year, several unions have reported a “surge” in enquiries about union membership.
The right to strike is an important one. Strike action is far more prevalent in the public sector than private sector and is only taken as a last resort.
It is important as a business to consider fair pay in line with the rising cost of living. Private sector pay has increased significantly more than the public sector and therefore strikes are unlikely in the private sector. If as a business, you are limited in what you can do financially, there may be other options, such as; better shifts, support with childcare costs or fewer office-based days. As always in challenging times, we need to increase our communication with our teams and be upfront about business constraints, cost pressures and our productivity needs.
With the pressure of increasing personal costs, the workplace needs to be, more than ever, a good place to be, where the focus isn’t only on money but where people feel sufficiently valued to ride out this storm and know they have an employer who appreciates them.
If you want to speak to a Senior HR Consultant about how to manage your team in these difficult times, or conduct a salary benchmarking process to ensure your salaries are in line with market rates, contact hello@emphasis.uk.com
By Becky Boston