Trade Union and Labour Relations (Consolidation) Act 1992

219 Protection from certain tort liabilities. E+W+S

(1) An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—

(a) that it induces another person to break a contract or interferes or induces another person to interfere with its performance, or

(b) that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance.

(2) An agreement or combination by two or more persons to do or procure the doing of an act in contemplation or furtherance of a trade dispute is not actionable in tort if the act is one which if done without any such agreement or combination would not be actionable in tort.

(3) Nothing in subsections (1) and (2) prevents an act done in the course of picketing from being actionable in tort [F1 unless—

(a) it is done in the course of attendance declared lawful by section 220 (peaceful picketing), and

(b) in the case of picketing to which section 220A applies, the requirements in that section (union supervision of picketing) are complied with.]

(4) Subsections (1) and (2) have effect subject [F2 to—

(a) sections 222 to 225 (action excluded from protection),

(b) section 226 (requirement of ballot before action by trade union),

(c) section 234A (requirement of notice to employer of industrial action), and

(d) section 234E (work notices: no protection if union fails to take reasonable steps);]

[F3 and in those sections “not protected” means excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.]

Textual Amendments

F1 S. 219(3)(a)(b) and word substituted for words in s. 219(3) (1.3.2017) by Trade Union Act 2016 (c. 15), ss. 10(1), 25(1); S.I. 2017/139, reg. 2(h) (with reg. 3)

F2 Words in s. 219(4) substituted (20.7.2023) by Strikes (Minimum Service Levels) Act 2023 (c. 39), s. 5, Sch. para. 4

F3 Words in s. 219(4) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.72; S.I. 1993/1908, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1 S. 219 excluded (E.W.) (2.3.1998) by S.I. 1998/218, art. 5

S. 219 excluded (1.9.1999) by S.I. 1999/2256, art. 5

C2 S. 219 excluded (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), reg. 5(2)