PPRuNe Forums - View Single Post - The Virgin Strike Thread (Merged)
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Old 3rd December 2007 | 17:25
  #68 (permalink)  
scoobydooo
 
Joined: Aug 2007
Posts: 208
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From: uk
VS will probably survive, but I doubt they'll want to keep strikers. The law is 12 weeks following the action they can shed those that strike as long as they don't discriminate and they shed all strikers. Given the queue of new recruits (and the fact they haven't stopped recruiting), I don't doubt they are considering that option.
That law isn't that simple VS LHR it actually is

The dismissal of any striking employee during the first 12 weeks of lawfully organised official strike action will be deemed unfair. If, as an employer, you lock out your workforce during this protected period, the lock out days are ignored when calculating the 12 week period. However, you can dismiss an employee after the 12 week period if you can show you have made genuine attempts to negotiate. This must include the proper use of any joint disputes resolution procedure.

So if the company fails to negotiate once industrial action is underway any dismissal after 12 weeks of an employee taking part in industrial action would be deemed to be unfair dismissal and said individual could sue for unfair dismissal. So it;s not as simple as after 12 weeks get rid of those carrying out Industrial action.

more information can be found using google which nets sites such as this http://www.safeworkers.co.uk/OnStrike.html

I am still unsure as to the timing as I have read action must take place within 4 weeks of the ballot giving employer 7 days notice , however I can not find clarity if this is within 4 weeks of initial ballot date or initial ballot result, I think it's close though.
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