This month's question:

What legal considerations should employers keep in mind when supporting staff and maintaining business continuity during industrial action in Northern Ireland?

It is important to determine whether the industrial action is legally ‘protected’ or endorsed by the relevant trade union as this will point to the appropriate course of action. While trade unions are allowed to organise industrial actions which individuals are able to participate in, this ‘right’ to take an industrial action is not unrestricted. During industrial action employees are likely to be in breach of their employment contract, but provided the union follows the right procedure when organising it, the employee will be protected against being dismissed for participating in the industrial action.
There are various ways that employers can address industrial actions including negotiation or private mediation. Employers may also consider seeking an injunction to prevent the industrial action proceeding or imposing sanctions short of dismissal. However, injunctions should generally be the last resort as it may escalate the dispute. 
To mitigate the impact of industrial action employers should devise contingency plans. This may involve notifying customers and suppliers about expected disruptions or redeploying staff.

Keeping communication channels open with both the union and employees is essential to support the structured processes which help to resolve disputes. Ultimately, each case of industrial action will bring its own nuances and legal advice should be sought.