An act is not protected if one of the facts relied on for the purpose of establishing liability is that there has been secondary action which is not lawful picketing.
There is secondary action in relation to a trade dispute when, and only when, a person—
and the employer under the contract of employment is not the employer party to the dispute.
Lawful picketing means acts done in the course of such attendance as is declared lawful by section 220 (peaceful picketing)—
For the purposes of this section an employer shall not be treated as party to a dispute between another employer and workers of that employer; and where more than one employer is in dispute with his workers, the dispute between each employer and his workers shall be treated as a separate dispute.
An act in contemplation or furtherance of a trade dispute which is primary action in relation to that dispute may not be relied on as secondary action in relation to another trade dispute.
In this section "contract of employment" includes any contract under which one person personally does work or performs services for another, and related expressions shall be construed accordingly.