SCHEDULE 5 Unfair Dismissal of Striking Workers
Employment Relations Act 1999 (1999 c 26) | Legislation

SCHEDULE 5 Unfair Dismissal of Striking Workers

Section 16

Trade Union and Labour Relations (Consolidation) Act 1992 (c 52)

1

The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.

2

In section 238 (dismissals in connection with industrial action) after subsection (2A) there shall be inserted—

“(2B)     Subsection (2) does not apply in relation to an employee who is regarded as unfairly dismissed by virtue of section 238A below.â€

3

The following shall be inserted after section 238—

“238A Participation in official industrial action

(1)     For the purposes of this section an employee takes protected industrial action if he commits an act which, or a series of acts each of which, he is induced to commit by an act which by virtue of section 219 is not actionable in tort.

(2)     An employee who is dismissed shall be regarded for the purposes of Part X of the Employment Rights Act 1996 (unfair dismissal) as unfairly dismissed if—

(a)     the reason (or, if more than one, the principal reason) for the dismissal is that the employee took protected industrial action, and

(b)

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