UKI was dismissed for going on strike. Is this automatically unfair?
Yes, dismissal for taking part in official industrial action is automatically unfair under UK law, provided the strike was lawful and you meet certain conditions.
What the Law Says
UK employment law provides strong protection for workers taking part in lawful industrial action. Dismissal solely or mainly because an employee took part in official strike action is treated as automatically unfair — meaning no minimum service requirement applies in most cases, and tribunals do not assess reasonableness.
Under the Trade Union and Labour Relations (Consolidation) Act 1992, dismissal for participating in official industrial action is automatically unfair if the action was lawful and the employee was dismissed within 12 weeks of the action starting.
The protection applies even if the employee has less than two years’ service — which normally bars ordinary unfair dismissal claims. However, the strike must have been 'official', meaning it was called or endorsed by a trade union that followed statutory ballot and notice requirements.
If the dismissal occurs more than 12 weeks after the industrial action began, the employer may defend it if they can show the dismissal was not due to the strike but for another substantial reason — though this is difficult to prove.
Statutory TextAn employee who is dismissed shall be regarded as unfairly dismissed if the principal reason for the dismissal was that the employee took part in a strike or other industrial action.
— Trade Union and Labour Relations (Consolidation) Act 1992, s. 238(1) — Unfair dismissal: industrial action
Statutory TextSubsection (1) does not apply where the dismissal takes place more than 12 weeks after the beginning of the strike or other industrial action.
— Trade Union and Labour Relations (Consolidation) Act 1992, s. 238(2) — Unfair dismissal: industrial action
What Courts Have Said
Courts and tribunals have consistently upheld the automatic unfairness of dismissals linked to lawful strike action — especially where procedural safeguards were met.
The EAT confirmed that s.238 protection applies even if the strike was only one day long and the dismissal occurred within 12 weeks — no further justification from the employer is required.
Clarified that ‘official’ industrial action includes action endorsed by a union after a valid ballot, and that protection under s.238 extends to employees dismissed for supporting strikes, not just those walking out.
What to Do
Check whether the strike was 'official' — i.e., backed by a trade union that held a valid secret ballot and gave proper notice to your employer.
Confirm your dismissal occurred within 12 weeks of the start of the industrial action.
Gather evidence: union communications, ballot notices, dismissal letter, and dates of strike days.
Submit an ET1 claim to an employment tribunal within 3 months less one day of your dismissal date.
Seek advice from your union or a specialist employment solicitor — time limits are strict and early legal support strengthens your case.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.