The threat was made by union officials of calling a strike by giving notice.
Held: The act of going on strike constitutes a fundamental breach by an employee of his contract of employment, the act of going on strike amounting to a unilateral withdrawal of the employee’s services, and gives the employer the right to terminate the contract at will.
Lord Denning MR identified the elements of the tort of intimidation, saying: ‘The essential ingredients are these: there must be a threat by one person to use unlawful means (such as violence or a tort or a breach of contract) so as to compel another to obey his wishes: and the person so threatened must comply with the demand rather than risk the threat being carried into execution. In such circumstance the person damnified by the compliance can sue for intimidation.’
The verb ‘induces’ used in this context included a threat to induce.
‘If a strike takes place, the contract of employment is not terminated. It is suspended during the strike and revives again when the strike is over.’
Lord Denning MR
[1968] 3 All ER 452, [1968] 2 QB 710
England and Wales
Citing:
Appeal from – Morgan v Fry QBD 1967
Four trades union members, including the plaintiff formed a breakaway association, being discontented with a wage settlement agreed by the union. A union representative informed the employer that his members would not work alongside them. The . .
Cited by:
Explained – Simmons v Hoover Ltd EAT 1977
The claimant had been absent through sickness. When he recovered to be able to return, his co-employees were on strike. He joined the strike. All the strikers were dismissed.
Held: At common law, by going on strike, employees commit . .
Lists of cited by and citing cases may be incomplete.
Employment, Torts – Other
Leading Case
Updated: 31 October 2021; Ref: scu.447652