British Broadcasting Corporation v Hearn: CA 1977

Union members working for the BBC threatened to refuse to transmit its television signal to a satellite over the Indian Ocean during the Cup Final because the satellite broadcast would be receivable in South Africa. The refusal followed a union policy of opposing apartheid.
Held: Roskill LJ: The use of a composite expression in a statute, in this case ‘a trade dispute’; showed that it was to be interpreted with a broad meaning. Lord Denning MR: ‘Terms and conditions of employment may include not only the contractual terms and conditions but those terms which are understood and applied by the parties in practice, or habitually, or by common consent, without ever being incorporated into the contract.’ and ‘To become a trade dispute, there would have to be something of the kind which was discussed in the course of argument before us: ‘We would like you to consider putting a clause in the contract by which our members are not bound to take part in any broadcast which may be viewed in South Africa because we feel that is obnoxious to their views and to the views of a great multitude of people. We would like that clause to be put in, or a condition of that kind to be understood.’ If the BBC refused to put in such a condition, or refused to negotiate about it, that might be a trade dispute.’
Denning MR, Roskill LJ
[1977] 1 WLR 1004, [1977] ICR 685
England and Wales
Cited by:
CitedIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
ApprovedHadmor Productions Ltd v Hamilton HL 1982
The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court . .
CommentaryUniverse Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .

Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.179815