Dismissal

Dismissals relating to industrial action

It is automatically unfair to dismiss workers for taking part in lawfully organised industrial action in the 12-week period from the first day the industrial action starts. It is also unfair to dismiss them for taking part in industrial action that lasts longer if you haven't taken reasonable steps to resolve the dispute. The employment tribunal will decide whether the necessary steps to resolve the dispute have been taken.

In addition, if an employer "locks out" striking workers, the days of the lock-out are not included in the calculation of the 12-week protected period.

Apart from this, subject to some exceptions, an employment tribunal can't hear a complaint of unfair dismissal from an employee dismissed while taking part in official strike action unless you've:

• dismissed all those who were taking part in the action on the date the person complaining of unfair dismissal was dismissed
• not offered re-engagement to any dismissed employee within three months of the dismissal date without making the person complaining of unfair dismissal a similar offer

The exceptions are that a tribunal can hear a complaint of unfair dismissal from an employee if they are taking part in official or unofficial strike action, and the dismissal is on one of a number of grounds, eg for a maternity-related or health and safety reason.

The statutory disciplinary and dismissal procedures do not apply to dismissals relating to employees involved in industrial action.

See a full list for employers of grounds for fair and unfair dismissal on the Department of Trade and Industry (DTI) website.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

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