The Right not to be Dismissed for Taking Strike Action

Site updated on August 5, 2016

Since 24 April 2000, if you are dismissed for going on strike you have certain protection against dismissal. Originally this covered the first 8 weeks of the strike, but this was extended to 12 weeks in April 2005. If you are dismissed for taking official strike action, that dismissal will be unfair. This means that the industrial action is lawful and organised by a recognised trade union after a ballot.

This 12 week “protected period” could be extended if your employer has not taken reasonable steps to resolve the dispute. Protection can also be extended if you have been “locked out” by your Employer.

There is no service requirement for you to be protected against this form of dismissal.

Note: If the strike, or other industrial action, is unofficial, there will be no protection given against dismissal.

Also note that if you “work to rule” your Employer is not obliged to pay you for “partial” performance.

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