This relates a trade union (A) who has balloted its members. Trade union A has recognition with the employer. Following a ballot, trade union A members will be taking 'official' action
There are some employees that are not in a trade union and some who are in a different trade union (B).
The different trade union B does not have recognition with the employer so is not involved with any collective bargaining, same as a non union person. I understand that:
‘Non-union members who take part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action’.
Does Union B members have these same rights?
I have read that - and in summary:
Dismissals during this period are automatically unfair if the principal reason is that the employee took the industrial action and:
action is protected if union has balloted etc. properly and/or picketed properly
in that event, protection extends to all those induced by union to take action or turn back at picket line.
This protection applies regardless of whether the employee is a member of the union calling the action or indeed a member of any union at all.
So Union A, having complied fully with the ballot and notice requirements, confers protection not only on its own members but also on non-members and on members of Union B.
Of course, Union B must not encourage its own members, by “a nod and a wink” to participate in the action: if it does, it will be taken to have induced the action, thus depriving its members (and any other employees whom it induces) of protection from dismissal.
This not a case of secondary action.
a non union employee, employed by the same employer ...who take[s} part in legal, official industrial action have the same rights as union members not to be dismissed as a result of taking action’.
members of union B who are employed by the same employer - if one of those union B members decides on his/her volition to take part by not to going to work where there is a] legal, official industrial action does [not] have the same rights as [The balloting] union members not to be dismissed as a result of taking action’.