Bromilow & Ors v. Charles M Willie & Co Ltd [1996] UKEAT 924_93_0111 (1 November 1996)

Bromilow & Ors v. Charles M Willie & Co Ltd [1996] UKEAT 924_93_0111 (1 November 1996)

The tribunal found that the appellants were taking part in industrial action at the date of dismissal, thus excluding jurisdiction under section 238 of the 1992 Act. The discovery of an error of law in the original interim relief order constituted a relevant change of circumstances, justifying its revocation under section 165 of the 1992 Act.

Citation
[1996] UKEAT 924_93_0111
Parties
Appellants: 13 former employees of the respondents; Respondents: Stevedores on Liverpool Docks (respondents)
Jurisdiction
United Kingdom
Judgment Date
01 November 1996
Procedural Posture
Employment Appeal Tribunal / Appeal From Industrial Tribunal Decisions
Outcome
Appeals dismissed
Legal Topics
Unfair Dismissal, Trade Union Activities, Industrial Action, Interim Relief, Jurisdiction of Tribunal
Employment Law Labour Law Unfair Dismissal Trade Union Activities Industrial Action Interim Relief Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

13 former employees of the respondents

Appellants

Stevedores on Liverpool Docks (respondents)

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Industrial Tribunal Decisions

Legal Issues

  1. 1 Whether the appellants were dismissed for taking part in trade union activities or industrial action
  2. 2 Whether the tribunal had jurisdiction to entertain the complaints under section 238 of the 1992 Act
  3. 3 Whether the tribunal had power to revoke the interim relief order under section 165 of the 1992 Act

Ratio Decidendi

The tribunal found that the appellants were taking part in industrial action at the date of dismissal, thus excluding jurisdiction under section 238 of the 1992 Act. The discovery of an error of law in the original interim relief order constituted a relevant change of circumstances, justifying its revocation under section 165 of the 1992 Act.

Court Disposition

Appeals dismissed

Orders

  • Both appeals are dismissed.