Kaplan Exam Kit

This is from a Government website:

Dismissal for industrial action
You can’t be dismissed for industrial action if:

it’s called as a result of a properly organised ballot
it’s about a trade dispute between workers and their employer (eg about your terms and conditions)
a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins
You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began.

After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.

Capability / qualification loss is certainly a fair ground for dismissal as also is Legal prohibition

Refusal to join a trade union is not a fair ground

BUT!!! participating in strike action is a minefield as briefly identified above

There is a category within the list of dismissals that are deemed unfair and that category, coming after the list of main situations, is ‘Some other substantial reason’

This is a failsafe provision designed to catch other situations that may be thought of as unfair but which don’t fall nicely into any of the established reasons

I can’t explain the Kaplan apparent inconsistency, sorry 🙁

Are you 100% certain that you have not misread the question?

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