Who's McCarthy?
Unfortunately sound bites don't work, so I try to set out the position as clearly as possible and use referenceable material rather than hearsay where it is possible to do so. It is for others to make up their mind if what I post stacks up, or is a pack of deficient ramblings; where I believe the strike is unprotected, and have set out why, I have seen no such reasoned argument as to why this current ballot is unprotected.
JT, I should have perhaps used more precise language. Rather than "no recourse" I should perhaps have stated they would be "likely to have their case thrown out by any ET".
I am not an employment law expert, so welcome those with more authority on the matter than me, but the relevant guidance states:
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Originally Posted by HM Govt.
If you are dismissed while taking part in unprotected industrial action called for by your trade union, you cannot normally claim unfair dismissal if all the other employees taking part are dismissed as well.
You can complain about unfair dismissal if you are dismissed:
- for an automatically unfair reason (eg because of your duties as a health and safety representative)
- while taking part in the industrial action but others taking part are not dismissed
- for taking part in unprotected industrial action, after you stopped taking part
Just because you can make a claim for unfair dismissal does not mean it will be successful.
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Taking part in industrial action : Directgov - Employment