Abstract
In relation to employment protection rights, the law treads a cautious path in an attempt to rescue tribunals from having to decide the merits or otherwise of a particular dispute. The general rule is that, during industrial action, these rights are suspended. This is so however much one side or the other may be in the wrong (see, for example, Thompson and others v. Eaton Ltd). For example, the right not to be unfairly dismissed is, provided certain conditions are satisfied, temporarily suspended while industrial action is in progress. In most cases, this does not assist the employer as much as might at first sight appear since, unless very small numbers are involved, employers need a workforce as much as employees need a job; dismissals in such circumstances are often merely a tactic in the dispute. But this may not be so if the employer has successfully acquired an alternative and more obliging workforce.
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