Dismissal of those taking part in unofficial industrial action
16 - (1) In section 237 of the Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal of those taking part in unofficial industrial action), in subsection (1A) (which provides that the exclusion of the right to complain of unfair dismissal does not apply in certain cases)-
(a) for "or 103" there is substituted ", 103 or 103A", and
(b) for "and employee representative cases)" there is substituted "employee representative and protected disclosure cases)".
While s.237(1A) TULRA 1992 provides that generally an employee who is taking part in unofficial industrial action at the time of his dismissal cannot bring a claim for unfair dismissal, this amending provision means that this bar will not apply where the employee was dismissed or made redundant because he had made a protected disclosure.