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CODE
OF PRACTICE
PICKETING
PL928 (1st Revision)
Section C
Picketing and the Criminal Law
41. If a picket commits a criminal offence he is just as liable to be
prosecuted as any other member of the public who breaks the law. The immunity
provided under the civil law does not protect him in any way.
42. The criminal law protects the right of every person to go about his
lawfully daily business free from interference by others. No one is under any
obligation to stop when a picket asks him to do so, or, if he does stop, to
comply with a request, for example, not to go into work. Everyone has the right,
if he wishes to do so, to cross a picket line in order to go into his place of
work or to deliver goods or collect goods. A picket may exercise peaceful
persuasion, but if he goes beyond that and tries by means other than peaceful
persuasion to deter another person from exercising those rights he may commit a
criminal offence.
43.
Among other matters, it is a criminal offence for pickets (as for others):
-
to use threatening, abusive or insulting words or behaviour, or disorderly
behaviour within the sight or hearing of any person - whether a worker seeking to
cross a picket line, an employer, an ordinary member of the public or the police
- likely to be caused harassment, alarm or distress by such conduct;
-
to
use threatening, abusive or insulting words or behaviour towards any person with
intent to cause fear of violence or to provoke violence;
-
to use or threaten
unlawful violence;
-
to obstruct the highway or the entrance to premises or to
seek physically to bar the passage of vehicles or persons by lying down in the
road, linking arms across or circling in the road, or jostling or physically
restraining those entering or leaving the premises;
-
to be in possession of an
offensive weapon;
-
intentionally or recklessly to damage property;
-
to engage
in violent, disorderly or unruly behaviour or to take any action which is likely
to lead to a breach of the peace;
-
to obstruct a police officer in the
execution of his duty.
44. A picket has no right under the law to require a vehicle to stop or to be
stopped. The law allows him only to ask a driver to stop by words or signals. A
picket may not physically obstruct a vehicle if the driver decides to drive on
or, indeed in any other circumstances. A driver must - as on all other occasions
- exercise due care and attention when approaching or driving past a
picket line, and may not drive in such a manner as to give rise to a reasonably
foreseeable risk of injury.
Section D
Role of the Police
45. It is not the function of the police to take a view of the merits of
a particular trade dispute. They have a general duty to uphold the law and keep
the peace, whether on the picket line or elsewhere. The law gives the police
discretion to take whatever measures may reasonably be considered necessary to
ensure that picketing remains peaceful and orderly.
46. The police have
no responsibility for enforcing the civil law.
An employer cannot require the police to help in identifying the pickets against
whom he wishes to seek an order from the civil court. Nor is it the job of the
police to enforce the terms of an order. Enforcement of an order on the
application of a plaintiff is a matter for the court and its officer. The police
may, however, decide to assist the officers of the court if they think there may
be a breach of the peace.
47. As regards the criminal law the police have
considerable discretionary powers to limit the number of pickets at any one
place where they have reasonable cause to fear disorder 8. The law does not
impose a specific limit on the number of people who may picket at any one place;
nor does this Code affect in any was the discretion of the police to limit the
number of people on a particular picket line. It is for the police to decide,
taking into account all the circumstances, whether the number of pickets at any
particular place provides reasonable grounds for the belief that a breach of the
peace is likely to occur. If a picket does not leave the picket line when asked
to do so be the police, he is liable to be arrested for obstruction either of
the highway or of a police officer in the execution of his duty if the
obstruction is such as to cause, or be likely to cause, a breach of the peace.
Section E
Limiting Numbers of Pickets
48. Violence and disorder on the picket line is more likely to occur if
there are excessive numbers of pickets. Wherever large numbers of people with
strong feelings are involved there is a danger that the situation will get out
of control, and that those concerned will run the risk of committing an offence,
with consequent arrest and prosecution, or of committing a civil wrong which
exposes them, or anyone organising them, to civil proceedings.
49. This is particularly so whenever people seek by sheer weight of numbers
to stop others going into work or delivering or collecting goods. In such cases,
what is intended is not peaceful persuasion, but obstruction or harassment-if
not intimidation. Such a situation is often described as "mass
picketing". In fact, it is not picketing in its lawful sense of an attempt
at peaceful persuasion, and may well result in a breach of the peace or other
criminal offences.
50. Moreover, anyone seeking to demonstrate support for those in dispute
should keep well away from any picket line so as not to create a risk of a
breach of the peace or other criminal being committed on that picket line. Just
as with a picket itself, the numbers involved in any such demonstration should
be conducted lawfully.
Section 14 of the Public Order Act 1986 provides the
police with the power to impose conditions (for example, as to numbers, location
and duration) on public assemblies of 20 or more people where the assembly is
likely to result in serious public disorder; or serious damage to property; or
serious disruption to the life of the community; or if its purpose is to coerce.
51. Large numbers on a picket line are also likely to give rise to fear and
resentment amongst those seeking to cross that picket line, even where no
criminal offence is committed. They exacerbate disputes and sour relations not
only between management and employees but between the pickets and their fellow
employees. Accordingly pickets and their organisers should ensure that in
general the number of pickets does not exceed six at any entrance to, or exit
from, a workplace; frequently a smaller number will be appropriate.
Section F
Organisation of Picketing
52. Sections B and C of this Code outline aspects of the civil law and
the criminal law, as they may apply to pickets, and to anyone, including a trade
union, who organises a picket. While it is possible that a picket may be
entirely "spontaneous", it is much more likely that it will be
organised by an identifiable individual or group.
53. Paragraphs 36-38 in Section B of this Code describe how to identify
whether a trade union is, in fact, responsible in terms of civil law liability,
for certain acts. As explained in these paragraphs, the law means, for example,
that if such an act takes place in the course of picketing, and if a trade union
official has done, authorised or endorsed the act, then the official's union
will be responsible in law unless the act is "effectively repudiated"
by the union's national leadership
Functions of the picket organiser
54. Wherever picketing is "official" (i.e. organised by a trade
union), an experienced person, preferably a trade union official who represents
those picketing, should always be in charge of the picket line. He should have a
letter of authority from his union which he can show to the police officers or
to the people who want to cross the picket line. Even when he is not on the
pickets advice if a problem arises.
55. A picket should not be designated as an "official" picket
unless it is actually organised by a trade union. Nor should pickets claim the
authority and support of a union unless the union is prepared to accept the
consequent responsibility. In particular, union authority and support should not
be claimed by the pickets if the union has, in fact, repudiated calls to take
industrial action made, or being made, in the course of the picketing.
56. Whether a picket is "official" or "unofficial", an
organiser of pickets should maintain close contact with the police. Advance
consultation with the police is always in the best interests of all concerned.
In particular the organiser and the pickets should seek directions from the
police on the number of people who should be present on the picket line at any
one time and on where they should stand in order to avoid obstructing the
highway.
57. The other main functions of the picket organiser should include ensuring
that:
- the pickets understand the law and are aware of the provisions of this
Code, and that the picketing is conducted peacefully and lawfully;
- badges or
armbands, which authorised pickets should wear so that they are clearly
identified, are distributed to such pickets and are worn while they are
picketing;
- workers from other places of work do not join the picket line, and
that any offers of support on the picket line from outsiders are refused;
- the
number of pickets at any entrance to, or exit from, a place of work is not so
great as to give rise to fear and resentment amongst those seeking to cross that
picket line (see paragraph 51 in Section E of this Code);
- close contact with
his own union office (if any), and with the offices of other unions if they are
involved in the picketing, is established and maintained;
- such special
arrangements as may be necessary for essential supplies, services or operations
(see paragraphs 62-64 in Section G of this Code) are understood and observed by
the pickets.
Consultation with other trade unions
58. Where several unions are involved in a dispute, they should consult each
other about the organisation of any picketing. It is important that they should
agree how the picketing is to be carried out, how many pickets there should be
from each union, and who should have overall responsibility for organising them.
Right to cross picket lines
59. Everyone has the right to decide for himself whether he will cross a
picket line. Disciplinary action should not be taken or threatened by a union
against a member on the grounds that he has crossed a picket line.
60.
If a union disciplines any member for crossing a picket line, the member
will have been "unjustifiably disciplined". In such a case, the
individual can make a complaint to an industrial tribunal. If the tribunal finds
the complaint well-founded, it will make a declaration to that effect.
61. If the
union has not lifted the penalty imposed on the member, or if it has not taken
all necessary steps to reverse anything done on giving effect to the penalty, an
application for compensation should be made to the Employment Appeal Tribunal
(EAT). In any other case, the individual can apply to an industrial tribunal for
compensation. The EAT or tribunal will award whatever compensation it considers
just and equitable in all the circumstances subject to a specified maximum
amount. Where the application is made to the EAT, there will normally be a
specified minimum award.
Section
G
62. Pickets, and anyone
organising a picket should take very great care to ensure that their activities
do not cause distress, hardship or inconvenience to members of the public who
are not involved in the dispute. Particular care should be taken to ensure that
the movement of essential goods and supplies, the carrying out of essential to
the life of the community are not impeded, still less prevented.
63. The following list of
essential supplies and services is provided as an illustration of the kind of
activity which requires special protection to comply with the recommendations in
paragraph 62 above. However, the list is not intended to be comprehensive.
The supplies and services which may need to be protected in accordance with
these recommendations could cover different activities in different
circumstances. Subject to this caveat, "essential supplies, services and
operations" include:
- the production, packaging, marketing and/or
distribution of medical and pharmaceutical products;
- the provision of supplies
and services essential to health and welfare institutions, e.g. hospitals, old
peoples' homes;
- the provision of heating fuel for schools, residential
institutions, medical institutions and private residential accommodation;
- the production and provision of other supplies for which there is a crucial need
during a crisis in the interests of public health and safety (e.g. chlorine, lime
and other agents for water purification; industrial and medical gases; sand and
salt for road gritting purposes);
- activities necessary to the maintenance of
plant and machinery;
- the proper care of livestock;
- necessary safety
procedures (including such procedures as are necessary to maintain plant and
machinery);
- the production, packaging, marketing and/or distribution of food
and animal feeding stuffs;
- the operation of essential services, such as
police, fire, ambulance, medical and nursing services, air safety, coastguard
and air sea rescue services, and services provided by voluntary bodies (e.g. Red
Cross and St. John's ambulances, meals on wheels, hospital car service), and
mortuaries, burial and cremation services.
64. Arrangements to ensure
these safeguards for essential supplies, services and operations should be
agreed in advance between the pickets, or anyone organising the picket, and the
employer, or employers, concerned.
Useful Guidance
documents
The following booklets on employment and trade union legislation can be obtained
free of charge from offices of the Employment Service:
Statutory Code of
Practice, Industrial Action Ballots and Notice to Employers (PL962)
Industrial Action
and the Law: a guide for employers, their customers and suppliers, and others (PL
870)
Industrial Action and the Law: a guide for employees, trade union
members, and others (PL
869)
Unjustifiable Discipline by Trade Union
(PL
865).
Click this button to order a printed version of this booklet.
Footnote
8
In Piddington v. Bates (1960) the High
Court upheld the decision of a police constable in the circumstances of that
case to limit the number of pickets to two.
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Last updated
19 June 2002
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