EAT The employee who had an unresolved bonus query refused to work in a section of the employer’s plant different from where he normally worked until the query was sorted out. He was then dismissed. The employer took the point that the tribunal had no jurisdiction because the employee was taking part in industrial action.
Held: That submission was rejected. Neill J presiding said: ‘We do not consider that Mr. Blake’s refusal to go to the rotary section constituted ‘taking part in . . industrial action’. The words ‘taking part in’ suggest some participation with other people or some concerted action and the provisions of Section 62(2) indicate that the action contemplated by the previous sub-section is action by at least two persons. Moreover in our view the ordinary meaning of the words ‘industrial action’ does not include action by one person alone.’
Judges:
Neill J
Citations:
EAT/552/81
Cited by:
Cited – Norris and Others v London Fire and Emergency Planning Authority EAT 8-Mar-2013
EAT UNLAWFUL DEDUCTION FROM WAGES – Industrial action
Firefighter objects to being asked to ‘act up’ as watch manager but continues to do so under protest – Eventually refuses to do so in the context of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 May 2022; Ref: scu.471568