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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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Bishopsgate Law employment law solicitors are specialists who can give legal advice to employees and employers about workplace and employment law and represent them at employment tribunals. We provide independent legal advice about employment settlement agreements.
Bishopsgate Law Ltd is authorised and regulated by the Solicitors Regulation Authority, with offices in Bishopsgate, London EC2, and Potters Bar in Hertfordshire.