What is the difference between lawful and unlawful industrial action?
How does a trade union gain statutory protection in relation to industrial action?
What can be categorised as a trade dispute?
Is it possible to gain an injunction to prevent industrial action?
What is the difference between official and unofficial industrial action?
Can an employee be dismissed for taking lawful industrial action?
A person taking lawful industrial action is protected
from dismissal for at least 12 weeks, as he or she is deemed to be acting in
furtherance of a trade dispute. In practice it can be difficult to dismiss
striking employees even after the 12-week protected period. If it can be
shown that the protection does not apply by virtue of the employee's personal
conduct, then the employer may dismiss that employee on those grounds and rely
on the individual conduct as the reason for the dismissal.
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Where employees take strike action, can their employer hire temporary staff to cover their work?