The Right to Strike

In the latest episode of ‘Working Life’, IER Chairperson Lord John Hendy KC discusses the right to strike in the UK with Professor Tonia Novitz, a leading academic in labour law at the University of Bristol Centre for Law at Work. She sits on the advisory board of the International Lawyers Assisting Workers (ILAW) and is co-editor of ‘The Right to Strike Reimagined’ (Bloomsbury 2026,) as well as co-author of ‘The Right to Strike in International Law’ (Bloomsbury 2021).

In this second instalment of the Working Life Podcast, Lord Hendy KC and Professor Novitz begin with a historical discussion of the first recorded instances of strike action in Ancient Egypt, and what we mean today by calling for an enshrined positive ‘Right to Strike’. The Employment Rights Act 2025 took the necessary step of repealing contemporary anti-union legislation such as the majority of the Trade Union Act (2016) and the MSL (Strikes) Act 2023, and our speakers discuss how far this will go to address the restrictions that have been placed on workers’ ability to strike over the past 40 years.

Chapters:

00:00 Introduction to the Right to Strike and its History

07:37 What is meant by exercising the ‘Right to Strike’

13:06 Contemporary attempts at restricting the power to take industrial action

14:40 The Employment Rights Act 2025 and the right to strike omission

18:30 The P&O Ferry dispute

21:17 New changes to balloting, picketing law and strike mandates

25:40 The extension of protection from dismissal and detriment for taking industrial action

28:00 International Labour Standards and the Right to Strike

35:20 The Role of the International Labour Organization

Key quotations:

“The architecture and framework of very coercive [anti-union] legislation has been retained. This Government has modified and repealed aspects of the TU act 2016, and more importantly that terrible piece of legislation the Minimum Services Levels (Strikes) Act 2023, but that requirement of a ballot, those requirements of notification to the employer, though they have been tinkered with and are not as cruel and stringent as they were, they do basically remain the same”. (Professor Novitz)

“Without some kind of solidarity action being possible […] you had no way to place adequate pressure on the employer to adhere to their collective agreements and to pay workers a reasonable sum for their labour or even to comply with the law” (Professor Novitz on the P&O Ferry dispute)