Employment Act 1982

9Dismissal in connection with strike or other industrial action

(1)Section 62 of the 1978 Act (dismissal in connection with a lock-out, strike or other industrial action) shall be amended in accordance with subsections (2) to (4) below.

(2)In subsection (2), for paragraph (b) there shall be substituted—

“(b)that any such employee has, before the expiry of the period of three months beginning with that employee's date of dismissal, been offered re-engagement and that the complainant has not been offered re-engagement.”.

(3)In subsection (4)(b) for sub-paragraph (ii) there shall be substituted—

“(ii)in relation to a strike or other industrial action, those employees at the establishment who were taking part in the action at the complainant's date of dismissal; ' establishment', in sub-paragraph (ii), meaning that establishment of the employer at or from which the complainant works; and”.

(4)In subsection (1), after the words " an employee " there shall be inserted the words " (the ' complainant') " ; and in subsections (1)(b) and (3) for the word " employee " there shall be substituted, in each case, the word " complainant ".

(5)In section 67 of the 1978 Act (complaint to industrial tribunal) for subsection (3) there shall be substituted—

“(3)Subsection (2) shall apply in relation to a complaint to which section 62(3) applies as if—

(a)for the references to three months there were substituted, in each case, a reference to six months; and

(b)as if for the reference to the effective date of termination there were substituted a reference to the complainant's date of dismissal (within the meaning of section 62(4)).”.