238 Dismissals in connection with other industrial action
Trade Union and Labour Relations (Consolidation) Act 1992 (1992 c 52) | Legislation

238  Dismissals in connection with other industrial action

(1)     This section applies in relation to an employee who has a right to complain of unfair dismissal (the “complainant”) and who claims to have been unfairly dismissed, where at the date of the dismissal—

(a)     the employer was conducting or instituting a lock-out, or

(b)     the complainant was taking part in a strike or other industrial action.

(2)     In such a case an [employment tribunal] shall not determine whether the dismissal was fair or unfair unless it is shown—

(a)     that one or more relevant employees of the same employer have not been dismissed, or

(b)     that a relevant employee has before the expiry of

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