Being dismissed for taking part in protected industrial action
You will usually be protected against being dismissed for taking part in ‘protected industrial action’.
Industrial action will normally be protected industrial action if it is official action organised by your trade union in-line with the law. It will be organised in that way if:
- the dispute is a trade dispute between workers and their own employer
- a secret postal ballot has been held and the majority of members voting have supported the action
- detailed notice about the action has been given to the employer at least seven days before it commences
- it has been called for by someone in the trade union with proper authority
If you are dismissed for taking industrial action for 12 weeks or less (including a period of just a few hours or days), you will be able to make a claim for unfair dismissal and your dismissal will be unfair. This applies whether you are dismissed while taking part in the action or at any time after you stopped taking part.
When working out whether you have been taking part for 12 weeks or less any lock-out days (when your employer stops you from working) aren't counted