Damages for unfair dismissal of those not re-engaged after a strike where the employees had been equally blameworthy, were not to be reduced for any contributory fault of the employee in engaging in the strike. The employers had advertised the jobs, but not approached the applicants to offer them new employment, and were liable for unfair dismissal. Any contributory fault lay in the action of striking, but the cause of action arose on the failure to offer re-engagement.
Judges:
Lord Goff of Chieveley Lord Mackay of Clashfern Lord Lloyd of Berwick Lord Nolan Lord Clyde
Citations:
Gazette 29-Oct-1997, Times 20-Oct-1997, [1997] UKHL 42; [1997] 4 All ER 449; [1997] 3 WLR 800
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 238, Employment Protection (Consolidation) Act 1978 62
Jurisdiction:
England and Wales
Citing:
Cited – Nelson v British Broadcasting Corporation (No 2 ) CA 1980
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 31 May 2022; Ref: scu.158917
