"If you vote Yes then you are in breach of your contract,
and the company could issue you with a different contract before allowing you back to work."
As far as my limited knowledge of this area of the law gets me, I think that
A Lurker has it just about right on this one. If it's
lawful and protected (ie first 12 weeks) industrial action (IA) then if you dismiss someone for being on strike which you have to do if you're only allowing them to return on a different contract it's automatically an unfair dismissal and rather expensive for the employer. Don't confuse being in breach of contract with an automatic right to dismiss.
"If you vote Yes then you may be in breach of your contract,
but the company cannot issue you with a different contract before allowing you back to work - that is illegal"
- So the flip side would be that this is only true if it's lawful and protected IA. If its unlawful IA, or unprotected IA and the company isn't selectively dismissing/re-engaging employees, they could do this if they went through the proper hoops (notice of dismissal then re-engagement, any rules on consultation or any other criteria employment law requires to be met).
One would
hope that the Unions involved have disseminated full & frank guidance on the legal ramifications of striking. If in any doubt, bone up on all the advice freely available on the web (tip: the government has a number of websites summarising the legal position and a number of law firms have useful commentaries. Google is useful here.). Ask union reps or the company's HR dept, or for independent advice try the Citizens Advice Bureaux etc or a legal professional.
Take anything legal stuff written on a discussion forum with a heavy pinch of salt.
