Exceptions to the ban on unfair dismissal claims

Employees who are dismissed or made redundant wholly or mainly for one of a series of reasons, can still bring a tribunal claim for unfair dismissal even if the industrial action is official and balloted but outside the protected period (scenario 1), official but unballoted (scenario 2) or unofficial (scenario 3) (section 237(1A) and 238 (2A), TULRCA). These reasons include health and safety, working time, requesting the right to work flexibly, acting as an employee representative, or making a protected disclosure.