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, provided that no unlawful act apart from the employee’s breach of contract has occurred. Any dismissal, regardless of how long the employee has worked, or their age, is automatically unfair, unless a tribunal decides that the dismissal was nothing to do with the industrial action. Information about these rights must be included on the industrial action ballot paper (see page 194).



The 12-week period can be extended if employees are still taking action but the employer has not taken reasonable steps to try to resolve the dispute. This could happen, for example, where there was an unreasonable refusal of an offer to reopen negotiations, or of mediation or conciliation. For further information see Chapter 10: Dismissal while on strike. 



For strike ballots opened on or after 1 March 2017, pickets lose their protection from dismissal – even if action is lawful, balloted and official – if there is any failure to comply with the new picketing requirements under the TUA 16 (see page 201).