Chap, the simple, hard and rather unfair reality is that any employer can sack any employee at anytime for anything – the employer may have to justify their actions and they may indeed be called to provide compensation (far from substantial however) if found to be in the wrong. This doesn’t alter the fact that the employee is sacked and remains so.
It is a requirement of UK law that these words have to be present on the ballot paper: - "
If you take part in a strike or other industrial action, you may be in breach of your contract of employment."
The law was later amended to add the following also: -
“However, if you are dismissed for taking part in strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than twelve weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later."
The important bit to note here is “….is otherwise lawful, the dismissal will be
unfair….” Unfair note, not illegal or reversed or wont happen.
There is a risk to your employment when you go on strike, to strike in absence of this knowledge is unfortunate, and alas irrelevant.
At one of the classic BASSA Sandown meetings one member from the floor asked the question “Can you be sacked whilst on strike?” The answer he received was not YES or NO but rather the section above that you would see on the ballot. The only truthful answer to that question should have been yes.
By all means add all the rest of the legal stuff, but the “YES you can be sacked” should have been in there somewhere.
You may as well ask “Can I be burgled?”
“NO, it’s illegal”
“OK good, I’ll leave the home door unlocked then if that’s the case”
Whilst I don’t support this IA I do very much support unions and their existence, I do wish this one was a lot better though.
Edit - Oldflyboy - if you have friends stuck in this mess you may want to suggest to them they get themselves informed as their Union clearly isnt. They can start here: - http://www.direct.gov.uk/en/Employment/TradeUnions/Tradeunionsintheworkplace/DG_179203
http://www.direct.gov.uk/en/Employment/TradeUnions/Industrialaction/DG_10031235
…or for the real masochists amongst us, the act itself..!
http://www.opsi.gov.uk/acts/acts1992/ukpga_19920052_en_1