Mercury Communications Ltd v Scott-Garner

Industrial action aimed mainly at opposing government policy, rather than at the terms and conditions of the workers, was not in contemplation or furtherance of a trade dispute.

Citation
[1984] Ch 37
Court
Court of Appeal (Civil Division)
Year
1984
Subject
Employment Law
Topic
Trade unions and industrial action

Facts

The Post Office Engineering Union instructed its members employed by British Telecom not to connect the telephone network of Mercury, a new competitor, to the British Telecom network. The action was part of a campaign against the government's policy of liberalising the telecommunications industry and privatising British Telecom. The union argued that the action was in furtherance of a trade dispute about job security, because the competition from Mercury would threaten its members' jobs. Mercury sought an interim injunction.

Legal principle

The Court of Appeal granted the injunction. Sir John Donaldson MR said that the dispute was not wholly or mainly about the terms and conditions of the workers, or about job security, as required by the definition of a trade dispute in the Trade Union and Labour Relations Act 1974, as amended. It was mainly a dispute about the union's opposition to the government's policies of liberalisation and privatisation, which was a political dispute. The union was therefore unlikely to establish its immunity at trial, and the injunction should be granted.

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