Industrial Relations in UK Law

Leading Cases
  • Secretary of State for Employment v ASLEF (No. 2)
    • Court of Appeal (Civil Division)
    • 19 Mayo 1972

    If he, with the others, takes steps wilfully to disrupt the undertaking, to produce chaos so that it will not run as it should, then each one who is a party to those steps is guilty of a breach of his contract. It is no answer for any one of them to say "I am only obeying the rule book", or "I am not bound to do more than a 40-hour week". Wages are to be paid for services rendered, not for producing deliberate chaos.

  • National Union of Rail, Maritime and Transport Workers v Serco Ltd (trading as Serco Docklands)
    • Court of Appeal (Civil Division)
    • 04 Marzo 2011

    I do not think this is now a legitimate approach, if it ever was. In my judgment the legislation should simply be construed in the normal way, without presumptions one way or the other. Indeed, as far as the 1992 Act is concerned, the starting point it that it should be given a "likely and workable construction", as Lord Bingham of Cornhill put it in P v National Association of Schoolmasters/ Union of Women Teachers [2003] ICR 386, para.7.

  • Post Office v Crouch
    • House of Lords
    • 11 Diciembre 1973

    But the Industrial Relations Act is of a very different character. It creates rights, as in section 5, but breaches of these rights are not torts—they are only unfair industrial practices. A person alleging an unfair industrial practice cannot bring an action: he can only make a complaint to an Industrial Tribunal. The majority of the members of an Industrial Tribunal are not lawyers. The Tribunal does not give a remedy as of right. Under section 106 it

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

  • Johnson v Unisys Ltd
    • House of Lords
    • 22 Marzo 2001

    In my opinion, all the matters of which Mr Johnson complains in these proceedings were within the jurisdiction of the industrial tribunal. His most substantial complaint is of financial loss flowing from his psychiatric injury which he says was a consequence of the unfair manner of his dismissal. Such loss is a consequence of the dismissal which may form the subject-matter of a compensatory award.

    By section 207, a failure to comply with any provision of a Code is not in itself actionable but in any proceedings before an industrial tribunal In 1977 ACAS issued a Code of Practice entitled "Disciplinary Practice and Procedures in Employment". It explained why it was important to have disciplinary rules and procedures which were in writing and readily available to management and employees.

  • Hill v C. A. Parsons & Company Ltd
    • Court of Appeal (Civil Division)
    • 10 Noviembre 1971

    Over the last two decades there has been a marked trend towards shielding the employee, where practicable from undue hardships he may suffer at the hands of those who may have power over his livelihood - employers and trade unions. So far has this now progressed and such is the security granted to an employee under the Industrial Relations Act that some have suggested that he may now be said to acquire something akin to a property in his employment.

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Books & Journal Articles
  • Industrial Relations Training
    • Núm. 1-1, Enero 1979
    • Employee Relations
    • vii-viii
    Let me introduce the Industrial Relations Training Resource Centre and explain what it is doing and plans to do. On the way I shall introduce some issues which affect employment and managers—or sho...
  • Constructing British Industrial Relations
    • Núm. 2-2, Junio 2000
    • British Journal of Politics and International Relations
    One can identify the construction and transformation of three distinct systems of industrial relations in Britain over the last century. In contrast to the view that the state has been largely abst...
    • Núm. 14-2, Julio 1976
    • British Journal of Industrial Relations
    • Núm. 21-1, Marzo 1983
    • British Journal of Industrial Relations
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Law Firm Commentaries
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