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Unofficial industrial action can justify a fair conduct dismissal (not protected by EU and Human Rights law) SANDHU v GATE GOURMET LONDON LTD - UKEAT 0264/08/RN

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In a series of appeals by employees dismissed by Gate Gourmet after unofficial industrial action the EAT has supported the the tribunal that found that the workers were either dismissed while taking part in unofficial industrial action ( and therefore the ET had no jurisdiction - s.237 (1) of the Trade Union and Labour Relations (Consolidation) Act 1992) or that the dismissals were fair.

unofficial industrial action can justify a fair conduct dismissal (not protected by EU and Human Rights law)
The fact that a union official involved in mediation took part in industrial action does not necessarily mean that the action was approved by his union or that the he was acting in this capacity at the time of dismissal. A tribunal was entitled to find that he was no longer acting in that capacity when dismissed.
An Employment Judge may decline a review where an error in the reasons can be corrected by referring to findings already made.
It is procedurally and substantively fair to dismiss an employee if the employer reasonably believes he has been involved in unofficial industrial action as per Simmons v. Hoover [1977] ICR 61
A dismissal without a hearing of a worker who was absent during unofficial industrial action without authorisation or explanation was procedurally and substantially fair - Mathew.
The dismissal of a claimant after two weeks unauthorised and unexplained absence is fair notwithstanding despite wrong procedures.
If a worker is taking part in unofficial industrial action at the moment that he receives his letter of dismissal it will be fair despite his not having participated when the letter was sent.

The transcript of this case can be found (usually at the Bailli or Employment Appeals websites) Here
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