The law governing strikes, trade union recognition, and dismissal for union activities. This includes the 'immunity' from torts provided to unions during lawful trade disputes.
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Lumley v Gye (1853) 2 E & B 216; 118 ER 749 [judgment]
Lord Campbell C. J., Coleridge J., Erle J., Crompton J., Wightman J.
2 E & B 216 - Tort; inducing breach; established the tort of knowingly inducing a third party to break a contract.
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Bowen v Hall (1881) 6 QBD 333
Brett LJ, Cotton LJ, Jessel MR
Tort; inducing breach of contract; established that a third party who induces an employee to break an employment contract incurs liability in tort; foundational authority on the economic tort of inducement.
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Lord Halsbury LC, Lord Watson, Lord Ashbourne, Lord Herschell, Lord Macnaghten, Lord Morris, Lord Shand, Lord Davey, and Lord James of Hereford
Industrial action; an act lawful in itself does not become unlawful because of a malicious motive.
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Taff Vale Railway Co v Amalgamated Society [1901] AC 426 [judgment]
Earl of Halsbury L.C., Lord Macnaghten, Lord Shand, Lord Brampton, Lord Lindley
Industrial action; liability; a union could be sued for damages caused by a strike (Historic - reversed by statute).
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Earl of Halsbury L.C., Lord Macnaghten, Lord Shand, Lord Lindley, Lord Robertson, Lord Brampton
Industrial action; conspiracy; a combination to injure a person in their trade is unlawful.
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Vacher & Sons Ltd v London Society of Compositors [1912] UKHL 1 [judgment]
Viscount Haldane L.C., Lord Macnaghten, Lord Atkinson, Lord Shaw of Dunfermline, Lord Moulton
Trade Unions; immunity; unions are immune from tort actions (Historic).
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Huntley v Thornton [1957] 1 WLR 321; [1957] 1 All ER 234
Harman J.
1 WLR 321 - Industrial action; liability; trade union officials were liable for conspiracy to injure.
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Lord Reid, Lord Evershed, Lord Hodson, Lord Devlin, Lord Pearce
Industrial action; intimidation; established the tort of intimidation and the scope of exemplary damages.
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Emerald Construction Co Ltd v Lowthian [1966] 1 WLR 691
Lord Denning MR
Industrial action; tort; defined the intention required for the tort of inducing breach of contract.
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Torquay Hotels Ltd v Cousins [1969] 2 Ch 106; [1969] 1 All ER 522
Lord Justice Russell, Lord Denning, Lord Justice Winn
2 Ch 106 - Industrial action; tort; interference with contract (oil deliveries).
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Duport Steels Ltd v Sirs [1980] ICR 161; [1980] 1 WLR 142; [1980] IRLR 116
Lord Diplock, Lord Edmund-Davies, Lord Fraser of Tullybelton, Lord Keith of Kinkel, Lord Scarman
1 WLR 142 - Industrial action; immunity; confirmed that unions have immunity for acts done in furtherance of a trade dispute.
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Drew v St Edmundsbury Borough Council [1980] ICR 513
Trade Union Activities; 'trade union activities' in the unfair dismissal context; does not support a universal exclusion of strikes from the ordinary meaning of the phrase.
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Lonrho Ltd v Shell Petroleum Co Ltd [1982] AC 173
Lord Diplock, Lord Edmund-Davies, Lord Keith of Kinkel, Lord Scarman, Lord Bridge of Harwich
Tort; conspiracy; established liability for conspiracy to injure by unlawful means.
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Hadmor Productions Ltd v Hamilton [1982] IRLR 102
Lord Diplock, Lord Fraser of Tullybelton, Lord Scarman, Lord Bridge of Harwich, Lord Brandon of Oakbrook
Industrial action; trade dispute; 'secondary action' was unlawful.
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Dimbleby & Sons Ltd v National Union of Journalists [1984] ICR 386; [1984] 1 WLR 427; [1984] IRLR 161
Lord Diplock, Lord Fraser of Tullybelton, Lord Scarman, Lord Bridge of Harwich, Lord Brandon of Oakbrook
1 WLR 427 - Industrial action; secondary action; checked the legality of secondary strikes (sympathy strikes).
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Newsprint Ltd v National Graphical Association [1986] IRLR 337
Sir John Waite
Industrial action; injunction; injunction granted to stop secondary action.
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Express & Star Ltd v Bunday [1987] IRLR 422
Lord Justice May, Lord Justice Croom-Johnson, Lord Justice Glidewell
Status; mutuality of obligation; casual workers who could refuse work were not employees.
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Linfood Cash & Carry Ltd v Thomson [1989] ICR 518
Wood J
Unfair dismissal; investigation; set guidelines for investigating theft where an informant is anonymous.
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Middlebrook Mushrooms Ltd v Transport and General Workers' Union [1993] IRLR 232
Neill LJ, Mann LJ and Hoffmann LJ
Industrial action; leafletting customers was not inducing breach of contract.
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Wandsworth London Borough Council v NASUWT [1994] IRLR 344
Lord Justice Neill, Lord Justice Steyn, and Lord Justice Rose
Industrial action; trade dispute; a dispute over class sizes was a trade dispute.
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Plessey Co plc v Wilson [1997] IRLR 195
Lord Johnston
Industrial action; picketing; picketing is only lawful at the worker's own place of work.
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D'Silva v NATFHE [2008] IRLR 412
Lord Justice Underhill (President), Mr P Gammon MBE, Mr D Welch
Trade Unions; members cannot sue their union for the acts of shop stewards acting outside their authority.
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Metrobus Ltd v UNITE the Union [2009] EWCA Civ 829; [2009] IRLR 851; [2010] ICR 173 [judgment]
Lord Justice Lloyd, Lord Justice Maurice Kay
EWCA Civ 829 - Industrial action; notice; precise compliance with notice requirements is necessary for immunity.
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Lord Justice Ward, Lord Justice Lawrence Collins, Lord Justice Rimer
TUPE; a sham redundancy pre-transfer to avoid TUPE liabilities is automatically unfair.
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Lord Leggatt
Trade Unions; s.145B; direct offers to employees bypassing the union are unlawful if the collective bargaining process is not exhausted.
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Secretary of State for Business and Trade v Mercer [2024] UKSC 12 [judgment]
Lord Lloyd-Jones
Industrial Action; s.146 TULRCA incompatible with Art 11 ECHR; statutes must protection striking workers from detriment short of dismissal.
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Morais v Ryanair DAC [2025] EWCA Civ 19 [judgment]
Bean LJ
Industrial Action; Blacklisting Regulations 2010; 'activities of trade unions' in reg 3 includes participation in strikes; no TULRCA Part V compliance required; SC permission to appeal refused.