8. Dismissal of striking workers

Members who take part in official industrial action (that is, action endorsed or authorised by the union) have some limited protection from dismissal. Unofficial strikers have no such protection (see Chapter 4).

Workers who are not union members but who take part in official industrial action can be protected, as long as at least some of their group are members of a union that has authorised or endorsed the action (section 237(2)(b), TULRCA).

There are three separate scenarios to consider as to the legitimacy of dismissing striking workers: