Clause 21 - Dismissal where employees taking protected industrial action locked out
Employment Relations Bill
10:00 am
Mr John Lyons (Strathkelvin and Bearsden, Labour)
We have spent considerable time this morning discussing the preparation and avoidance of industrial disputes, the supply of figures and names and the ballot process. I support the clause because it is a great improvement. We are starting to learn some of the lessons from Friction Dynamics and elsewhere.
When a person takes part in a ballot, they are asked to participate in and accept the law of the land. People must be balloted and make their decision for strike action, or, more probably, against it. People who take a positive decision to strike against their employer should be fully protected in that period. No one should be dismissed because they are on strike or in a dispute. There should be full legal protection during that period. What is the point of asking people to participate in a ballot, follow the law of the land and take a positive decision, but then to say that it is okay for the employer to dismiss them? The TUC is absolutely right. There should be protection from day one until the end of the dispute.
I hope that my hon. Friend the Minister will think about that. Equally, I welcome the clause, because it is major progress. We should continue in that direction, but we should bear in mind that rogue employers will still take action against people outwith the provisions in the clause. That is to be regretted and we should condemn it every time it happens.