Chapter 4
Protection against dismissal
[page 33]Protection from dismissal for taking part in lawful industrial action currently only applies if the employee is dismissed during the first 12 weeks of the industrial action. This is known as the “protected period”. That period can be extended if the employee was locked out by the employer during the industrial action.
During the protected period, dismissal for taking part in industrial action is automatically unfair.
The Employment Rights Bill would remove the definition of the protected period and employees would be protected from dismissal for the length of the industrial action.