The legal definition of a strike in the Employment Relations Act 1996 is:(a) the cessation of work by a body of employed persons acting in combination, or (b) a concerted refusal, or a refusal under a common understanding, of any number of employed persons to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any employed person or body of employed persons, or to aid other employees in compelling their employer or any employed person or body of employed persons, to accept or not to accept terms or conditions of or affecting employment"
The strike action on 30 November is 'protected industrial action' because it results from a legal industrial ballot. Although a strike, or other form of industrial action, is a breach of contract of employment, which would normally give the employer the right to terminate, dismissal is unfair if the action was protected.
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