An employer's response to industrial action will vary according to the nature of the action and the employer's business situation. In formulating its response, however, the employer should bear in mind that its overriding objective is to resolve the underlying dispute as speedily as possible, rather than to aggravate it.
An employer facing industrial action will need to assess the degree of support the action has amongst the workforce and the union's officials. It will also need to assess the legal position. If the action does not meet the requirements of the law (union liability for industrial action), the company may be able to get the union to repudiate the industrial action or obtain a court order requiring the union to call off the action. It may also be able to take action against individuals to dissuade them from taking part in the action (the position of individual employees).
From a practical perspective, it is important for a company to plan ahead if industrial action is threatened. It needs to decide how it will:
- minimise the disruptive effect that the action will have on its operations;
- communicate with customers and suppliers about the action and the company's plans for minimising the disruption it causes;
- maintain effective channels of communication with its workforce during the dispute;
- ensure that the company's strategy for handling the dispute is clearly communicated to all management staff;
- communicate effectively to and through the media.
It would be advisable for the company to keep an accurate and complete record of the dispute, including the content of meetings and other developments, in case this is needed for the purpose of legal proceedings or negotiations to end the dispute.