Section 236A

A worker has the right not to be subjected as an individual to detriment of a prescribed description by any act, or any deliberate failure to act, by the worker’s employer, if the act or failure takes place for the sole or main purpose of preventing or deterring the worker from taking protected industrial action, or penalising the worker for doing so. For that purpose, a worker takes protected industrial action if the worker commits an act which, or a series of acts each of which, the worker is induced to commit by an act which by virtue of section 219 is not actionable in tort. But no account may be taken of the repudiation of any act by a trade union as mentioned in section 21 in relation to anything which occurs before the end of the next working day after the day on which the repudiation takes place. Regulations under subsection (1) may prescribe detriment of any description (instead of detriment of a specific description). Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal (but see sections 237 to 239). A worker or former worker may present a complaint to an employment tribunal on the ground that the worker or former worker has been subjected to a detriment by an employer in contravention of this section. A worker or former worker has no other remedy for infringement of the right conferred by this section. In this section and sections 236B to 236D— “employer” means— in relation to a worker, the person for whom the worker works; in relation to a former worker, the person for whom the former worker worked; “worker” means an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1); “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.

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Source: legislation.gov.uk · retrieved 2026-09-04