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Key Points

  • The term “strike” is referred to in various sources (including statutes) and, depending on the context, the definition will vary. However, the meaning is widely taken to mean the ceasing of work by employees, almost always in the context of an industrial dispute.
  • From an employment law perspective the main consequences of a strike action are:
    • that time spent on strike is not included in calculating the length of an individual's period of continuous employment 
    • that, in general, an employee dismissed while on unofficial strike forfeits any right to bring a claim for unfair dismissal
    • the three month time-limit for presenting a complaint of unfair dismissal is doubled to six months if the employee was on strike when they were dismissed 

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