Dutton had been employed for nearly twenty years as a boiler maker. In 1967 the employers considered that there were too many restrictive practices and tried to get the employees’ society to agree to do away with them. The employees’ society refused. The employers told the men that, if they wished to continue to work, they would have to agree to new working rules and conditions. Dutton refused to agree. So did all the other boiler makers. In consequence, the employers told him that his labour was not required. The industrial tribunal had held that he was not dismissed by reason of redundancy: ‘We find that the reason for the employers’ termination of the old contract is that they wished – wisely or unwisely – to impose or attempt to impose new terms upon their work force. It was not because of any existing or expected reduction in the need for boiler makers’. The employer appealed.
Held: The appeal suceeded. Lord Parker, CJ said: ‘the proper approach is to say what in all the circumstances would have happened if these men had been retained on the old terms’.
Lord Parker CJ
(1968) 3 ITR 355
England and Wales
Updated: 08 October 2021; Ref: scu.473041