Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Dismissal definition

What does Dismissal mean? Dismissal describes the termination of employment by the employer. In practice it covers termination with notice, summary termination for alleged gross misconduct, expiry and non-renewal of a fixed-term contract, and resignations treated at law as constructive dismissal. In England & Wales and Scotland, the Employment Rights Act 1996 defines when an employee is dismissed for unfair dismissal purposes; the Employment Rights (Northern Ireland) Order 1996 contains materially similar provisions. In Ireland, the Unfair Dismissals Acts 1977–2015 define dismissal, including constructive dismissal. The classification of an exit as a dismissal determines available statutory and contractual claims, including unfair dismissal, wrongful...

Industrial action: employee ballot rights, statutory immunity, individual liability and employment consequences

Published by a LexisNexis Employment expert

Practice notes

This Practice Note provides guidance on the various aspects of industrial action from an employee’s perspective

It covers employees’ ballot rights, when an individual might incur liability, and the possible outcomes of taking part in industrial action. Industrial action sits at the heart of collective bargaining. Employers may trigger it by imposing a lockout, while workers commonly do so through their union, typically by calling a strike. The taking, or even the threat, of such action operates as leverage each side may deploy against the other during negotiations to secure an agreement. In this setting, industrial action has been characterised as workers refusing to do ‘something’ as a bargaining device, whether or not that ‘something’ would breach their contract. It also serves as a means of settling disputes of right, where the grievance is that the opposite side has broken its promise and failed to honour the agreed terms. Often, industrial action represents the final phase of a dispute between an employer and its workforce, reached when other, less disruptive approaches have not succeeded in achieving resolution to a collective trade dispute...

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Web page updated on 21/05/2026

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