Carribbean Boy
Good evening,
you are right re. legal strikes and dismissal. However,don't forget breach of contract. So even though the strike is lawful the person striking has in effect ripped up their contract. Therefore, the terms they return on could be different from those they left on!
They may also be locked out until the employer decides they can return, (unpaid). The lockout days are added to the 12 week protection period.
Ultimately, I think they could be dismissed within the 12 week period, but as the strike is protected they can claim a defined amount of compensation. If the employer then doesn't reinstate them they can claim again, I think the figure they can claim here is more uncertain.
There are loads of postings on this subject.
Please correct me if I am wrong.
My thoughts re. a previous post, not representative of my employer or anyone else.