[238A Participation in official industrial action]
Trade Union and Labour Relations (Consolidation) Act 1992 (1992 c 52) | Legislation

[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,. . .

[(aa)     where the protected industrial action was a strike relating to the provision of a relevant service, the employee—

(i)     was not an identified worker in relation to that strike, or

(ii)     was an identified worker in relation to that strike and did not take part in the strike except to an extent that complied with the work notice, and]

(b)     subsection (3), (4) or (5) applies to the dismissal.

(3)     This subsection applies to a dismissal

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