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8.—(1) Section 62A of the Employment Protection (Consolidation) Act 1978(1) inserted in that Act by section 9(1) of the Act (dismissal of those taking part in unofficial industrial action) and paragraph 2 of Schedule 2 to the Act shall apply to the dismissal of an employee if the time of his dismissal falls after 31st December 1990.
(2) Industrial action shall not be regarded as unofficial in relation to an employee for the purposes of the said section 62A if—
(a)the action is taken in response only to a call to take industrial action made before 1st January 1991; or
(b)the action started before 1st January 1991.
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