Can a Chartered Legal Executive engage in industrial
The following information relates to members
who may be thinking of taking part in lawful industrial action.
CILEx members wishing to take part in industrial action should be
mindful of their responsibilities to their clients and the courts,
as well as to their employers.
If an employer made a complaint to CILEx
Regulation, the regulatory body for CILEx members, that a member
had breached the Code by striking, CILEx Regulation would have to
consider the complaint. Consequently, there is currently no
precedent to suggest what approach a conduct panel would
CILEx members need to consider the
- The industrial action must be lawful and as a
CILEx member you must ensure that you comply with procedures for
- If you work in the court system, CILEx
members have a duty to the court and a duty to act in the best
interests of their client (which in this case it could be argued is
the CILEx member's employer).
Taking industrial action is an exercise of a
lawful right. A conduct panel would find it difficult to justify
disciplinary action against a member if the above points are
complied with, and there are no other issues involved.
For those members working in the court system,
they may want to think whether they can or should make some
notification to the court that they will not be attending for a
If a CILEx member belongs to a union they may
be able to provide further guidance and or advice.
If you are employed in a firm regulated by the
Solicitors Regulation Authority ('SRA') you will also need to consider your requirement to comply with
the SRA Code of Conduct.
One of the key considerations will be to keep
anyone who may be affected by you taking action, fully informed.
Taking the above into account should ensure minimum
disruption to clients and the court.
decision of whether or not to join in with any such action will be very much for you having regard to the above and
the interests of the firm, court and client.
If a CILEx member belongs to a union it may be
able to provide further guidance and or advice.
If your question is not answered, contact us via our dedicated customer service enquiry form.