AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

industria lisputes

21st December 1995
Page 65
Page 65, 21st December 1995 — industria lisputes
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

Anyone who encourages a person to break a contract may become liable in damages to the other party to the contract. That principle applies to all contracts.

A union which calls a strike is encouraging employees to break their contracts with the employer. Unless the law protected the union in some way, it would be liable to pay damages and could not effectively operate. Since 1906 unions have been protected against paying damages for interfering with contracts in industrial disputes. That immunity still exists, but in certain circumstances it can be taken away. The general theme of the Thatcher reforms was to remove union immunity if they went beyond certain boundaries. If a union does not hold a lawful ballot, or calls for unlawful secondary action, then it will lose the immunity which it would otherwise have.

The claim for damages rarely goes ahead. The real threat lies in the possibility of getting an injunction to restrain the action. The injunction will only be granted if the employer can show that a civil wrong has been committed by the union which is serious enough for the union to lose its immunity.

Obtaining the injunction usually suffices to stop any impending action. If people disobey the injunction the employer may have to con sider bringing proceedings for imprisonment for contempt.

Unfair Dismissal and employees Broadly speaking, if the employer dismisses all of the employees who were taking part in official industrial action, none of those employees could bring a successful claim for unfair dismissal.

Industrial tribunals only have jurisdiction where there has been some element of victimisation. In fact, even where there is victimisation in unofficial industrial action, the tribunal has no jurisdiction to hear claims for unfair dismissal.

Tags


comments powered by Disqus