Originally Posted by
Safety Concerns
You are not in breach of contract by participating in a legal strike. You cannot be dismissed for striking (technically now of course). If you are dismissed it will be an unfair dismissal case.
I support you in your views, but you are in breach of contract if you go on strike. The "golden formula' rule applies for protection from tort for the union involved, but an employer can dismiss for breach of contract, although if it was for taking part in protected industrial action, it would be automatically unfair. The employer could still still pursue damages for the breach of contract by the individual however.
The balance of law is firmly with the employer.