The London Underground can try to obtain an injunction to prevent strike action, but only if the Union has failed to comply with specific legal requirements, making the ballot and any subsequent strike unlawful. (For example the employer is entitled to know which ‘category of worker’ is being balloted. Without this precise information the employer is unable to identify the steps he may need to take to address the employees concerns or to make alternative arrangements to enable the business to function in their absence).
All employees participating in strike action are at risk. Failing to attend work is a fundamental breach of their contract of employment, and they will not be paid for days they do not work. Employees participating in unofficial strike action may be fairly dismissed. As the dismissal arises out of a breach of the employees contract they will not be entitled to notice pay. Any employee who does not work and is involved in ‘unofficial’ union action may be dismissed, even if attending meetings on their day off, or not working through fear of reprisals.
Dismissal is only automatically unfair if the employee is dismissed within 12 weeks of participating in official strike action, or the employee is absent for specific statutory or family reasons, or has been subjected to ‘selective treatment’.
Employment businesses may not provide agency workers to the employer to enable the provision of services to continue
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