Chapter

Industrial Action and Unfair Dismissal

K. D. Ewing

in The Right to Strike

Published in print February 1991 | ISBN: 9780198254393
Published online March 2012 | e-ISBN: 9780191681486 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254393.003.0004

Series: Oxford Monographs on Labour Law

Industrial Action and Unfair Dismissal

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This chapter deals with the relevant provisions of the law of unfair dismissal for those engaged in a strike or other industrial action. Section 62 of the Employment Protection Act of 1978 (EPCA), even without the 1982 and 1990 amendments was a remarkable measure. Even where the jurisdiction of the tribunal was opened up, it was very difficult to secure a finding of unfair dismissal. However, a major weakness of this is the fact that employers are not required to reinstate a worker who has been unfairly dismissed. As far as the dismissal of strikers is concerned, there is enough evidence to suggest that assumptions about employers not dismissing were hopelessly misplaced.

Keywords: Industrial Relations Act; EPCA; lock-outs; Section 62; 1982 amendment; 1990 amendment

Chapter.  12295 words. 

Subjects: Employment and Labour Law

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