237 Dismissal of those taking part in unofficial industrial action

Loss of unfair dismissal protection

237  Dismissal of those taking part in unofficial industrial action

(1)     An employee has no right to complain of unfair dismissal if at the time of dismissal he was taking part in an unofficial strike or other unofficial industrial action.

[(1A)     Subsection (1) does not apply to the dismissal of the employee if it is shown that the reason (or, if more than one, the principal reason) for the dismissal or, in a redundancy case, for selecting the employee for dismissal was one of those specified in [or under—

(a)     section [98B,] 99, 100, 101A(d), 103[, 103A, 104C or 104D] [, 104D or 104E] of the Employment Rights Act 1996 (dismissal in [jury service,] family, health and safety, working time, employee representative[,] [protected disclosure, flexible working and pension

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