To count as a trade dispute, the dispute must ‘relate wholly or mainly’ to terms and conditions of employment and must not merely be ‘connected’ with them. The application of this test requires the court: ‘to consider not merely the occasion which caused the dispute to break out but also the reason why there was a dispute’. Whether there is a trade dispute is a mixed question of fact and law, but primarily one of fact.
Judges:
Dillon LJ
Citations:
[1984] Ch 37
Jurisdiction:
England and Wales
Cited by:
Cited – In 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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 31 July 2022; Ref: scu.223721
