SCHEDULE 5 Unfair Dismissal of Striking Workers
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
4
(1)
Section 239 (supplementary provisions relating to unfair dismissal) shall be amended as follows.
(2)
In subsection (1) for “Sections 237 and 238” there shall be substituted “
Sections 237 to 238A
”
.
(3)
At the end of subsection (1) there shall be added “
; but sections 108 and 109 of that Act (qualifying period and age limit) shall not apply in relation to section 238A of this Act.
”
(4)
In subsection (2) after “section 238” there shall be inserted “
or 238A
”
.
(5)
“(4)
In relation to a complaint under section 111 of the 1996 Act (unfair dismissal: complaint to employment tribunal) that a dismissal was unfair by virtue of section 238A of this Act—
(a)
no order shall be made under section 113 of the 1996 Act (reinstatement or re-engagement) until after the conclusion of protected industrial action by any employee in relation to the relevant dispute,
(b)
regulations under section 7 of the Employment Tribunals Act 1996 may make provision about the adjournment and renewal of applications (including provision requiring adjournment in specified circumstances), and
(c)
regulations under section 9 of that Act may require a pre-hearing review to be carried out in specified circumstances.”