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The Right to Strike$
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K. D. Ewing

Print publication date: 1991

Print ISBN-13: 9780198254393

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254393.001.0001

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Industrial Action and Unfair Dismissal

Industrial Action and Unfair Dismissal

Chapter:
(p.40) [4] Industrial Action and Unfair Dismissal
Source:
The Right to Strike
Author(s):

K. D. Ewing

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254393.003.0004

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

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