ISU Industrial Action FAQ page – Updated January 2023

FAQs UPDATED 31st Jan 2023

Do you need help or advice urgently?

Please read the FAQs below but if you need urgent advice that is not covered and you are unable to contact a TU official who is on duty please email [email protected] AND [email protected]  and we will try to get back to you as quickly as possible 

The PCS have called one day of action across the Home Office on 1st February.  There is still some detail awaited and so the advice below may change.  Keep checking back. Any changes will be in red.

This is not ISU action. We can offer no advice on whether people should participate or not. These are individual decisions which must be respected by all. We can only provide general information, based upon the law.

  • Do I have to go on strike?

No. This is entirely your choice. You may attend work or take Strike Action. You do not have to cross a picket line, if you do not wish to do so. If you do not attend work, you will not be paid for that day. The Home Office have confirmed they will take no action beyond that against anyone who withdraws labour on 1st February. 

  • Do I have to disclose my Trade Union Membership?


No. Your managers cannot know and really should not ask whether you are a Trade Union member, or of which Union. That is your business alone and is protected as sensitive personal data under the General Data Protection Regulations. In any event employees who take strike action or refuse to cross a picket line where Industrial Action has been legitimately called are protected, whether they are or are not a member of the Union calling the strike.

  • My manager has asked if I intend to strike.  What should I say?

You don’t have to say anything.  We understand manager’s urge to ask but you are not compelled to respond.  If you do indicate whether you will, or will not, work then you are not bound by that response and can change your mind. 

  • The Home Office say ISU members cannot take part in this strike with legal protection?

This is a complex and nuanced area of law. In the same communication the Home Office confirm that they do not know and cannot establish which Union(s) any individual employee may hold membership in.  They have also confirmed explicitly that the only impact on anyone who withdraws labour on 1st February is loss of pay for that day.

  • Can I be compelled to travel to a location where Strike Action has been called to cover when I don’t normally work there? 

If you attend work then yes, you can be deployed to cover strike action at another location.  But you do not have to attend work and if you do attend you may withdraw your labour at any time. 

  • Can I attend my normal duties but refuse to cover for others?

If you attend work you must obey a reasonable management instruction.  That may include being instructed to cover for striking workers.  Managers must be reasonable in this, take account of your personal circumstances and the type of contract you are on.  However ultimately if you are given a reasonable instruction and do not wish to follow it you can withdraw your labour.

  • Can I be compelled to cross a picket line?

No. You will have the option to withdraw your labour and go on strike. You do not have the right to work elsewhere or at your home location – but managers may agree to you doing so.

  • Am I protected from disciplinary action if I withdraw labour?

Home Office have confirmed that the only action that will be taken against someone who withdraws their labour will be loss of pay.  This is true regardless of your union affiliation. 

  • Is the leave ban for Strike Dates lawful?

Border Force have agreed to honour any pre-booked leave but new requests are unlikely to be granted. Ultimately an employer can determine when staff do or do not take leave. You do have to be able to take your leave before the leave year ends however.

  • Can my Rest Days be changed?


Yes, if you are on AHW or AAA terms and conditions – not if you are on SDA terms. If the notice for change is 10 calendar days or less, this will count as a flexible change. If you have already used all of your flexible changes within your contract, you cannot be compelled to change rest days. Any such requests must also be reasonable, taking account of your individual circumstances.

  • Can I be compelled to change shift to work a Night, Public Holiday or Weekend Duty?

Only if you have the relevant hours left available to work in your AHW contract. Many members may have exhausted or nearly exhausted Public Holiday hours. You cannot be compelled to ‘convert’ hours from one AHW module to another. You can be asked – but you are free to refuse.

  • What if I have health needs or caring responsibilities?

Management requests must be reasonable and so must take reasonable account of your circumstances and needs. For example, if reasonable adjustments for disability are in place, they must continue to be met during Strike Action. Your caring responsibilities – which may be recorded in a Carers Passport – should also be respected.

  • What if I had plans for my time off duty. Do I have to change those?

You need to discuss your plans with your manager. Bear in mind that pretty much everyone had plans of some form or another and not all can be accommodated. If you have booked an expensive activity that cannot be refunded or rebooked, you should make that clear. You should expect to provide evidence of this.

  • What if I am sick on a strike day?

If you are sick, you are sick. You should not attend work if you are unwell.  However, it is likely that your absence, particularly short term absence, would be scrutinized more closely.  As an ISU member you can get a sick certificate from GP24/7, even for less than the usual 7 calendar days.  You can find more detail on the ISU website.

  • What if I am on the night shift crossing the start or end date of the action? Updated

For those who work night shifts, PCS is calling on members to participate in strike action on shifts that commence on 1 February and run into 2 February. PCS is not calling on members to participate in strike action on shifts that commence on 31 January and run into 1 February. 

  • What if I work overseas?

At the time of writing we do not know what PCS plans to do in respect of its membership overseas.  Withdrawing labour will be lawful in some countries and not in others.  It may also cause issues for your permission to be in that country, or to occupy your employer provided accommodation on that day.  We hope that individual missions will provide advice to impacted staff.

  • What if I work at Juxtaposed?

At the moment we understand that PCS do propose to include JXT staff in their call for action but don’t have confirmation of their detailed intentions.  It is disappointing that the PCS are yet to clarify this issue. 

  • What if I work in Northern Ireland ?

We now understand that the PCS mandate does not extend to Northern Ireland

  • Can I claim strike pay for the day?

No you can’t.  Neither PCS nor ISU is paying strike pay for this action.

  • What happens to unworked AHW hours as a result of withdrawing labour?

If you are not paid for those hours then they are not the employer’s hours to use.