BREACH OF CONTRACT
Page 65
If you've noticed an error in this article please click here to report it so we can fix it.
In the case of a strike there is usually a deliberate refusal to attend work which can be categorised as gross misconduct, In such a case the employer can dismiss summarily (without notice), Employees do not "dismiss themselves"—the employer must do this.
In action short of a strike—for example a ban on overtime—if the employees are contractually obliged to work overtime, then they are probably committing gross misconduct in their refusal Ipersistent disobedience of a lawful instruction).
If the employees are not contractually obliged to work overtime, there probably is no disobedience to a lawful instruction because the employer has no right to give that instruction. This does not stop it being classed as industrial action which is characterised by the concerted refusal to co-operate with the employer as part of a collective dispute.
Employees can be dismissed with no right to claim unfair dismissal, as long as the employer gives notice of dismissal.