Dismissal

Section 238A TULRCA protects employees from dismissal during the first 12 weeks of any lawful, balloted, official industrial action. During these 12 weeks, protection is absolute, as long as the breach of the employment contract by taking the industrial action is the employee’s only unlawful act. Any dismissal where the reason or main reason for dismissal is that the employee took protected industrial action is automatically unfair. No service is needed. Information about these rights must be included on the industrial action ballot paper (see page 193).

The 12-week period can be extended if the employer has not taken reasonable steps to try to resolve the dispute, for example, by unreasonably rejecting an offer to reopen negotiations, or of mediation or conciliation. See Chapter 10: Dismissal while on strike.

Pickets lose their protection from dismissal, even if industrial action is lawful, balloted and official, if there is any failure to comply with the new picketing requirements under the TUA 16 (see above: Picketing).