Official industrial action called by a Trade Union in accordance with a properly conducted ballot will be ‘protected’. An employee who takes part in industrial action (e.g. an overtime ban or a strike) that is ‘protected’ and is then dismissed will not only have a claim of unfair dismissal but will be found to have been automatically unfairly dismissed. The protection extends to the first 8 weeks of industrial action if during that time the employer takes such procedural steps as are reasonable for the purposes of resolving the dispute. If he does not then the remainder of the action is protected too.
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