Taking industrial action - a legal guide (September 2017)

Chapter 8

Scenario 2 – dismissal during official but unballoted industrial action

[ch 8: page 52]

Employees dismissed during official but unballoted action (that is, action that has been authorised or endorsed by the union, but where there has been no ballot), have no right to claim unfair dismissal, unless there is selective dismissal or re-engagement (as defined above) from among those taking part in the industrial action or lockout (section 238, TULRCA).


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