National Industrial Relations Court
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National Industrial Relations Court
{{Use dmy dates, date=April 2022 The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom. It was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales or Scotland. Its first and only President was John Donaldson, supported by John Brightman (both High Court judges who later became Law Lords) and Lord Thomson, a judge of the Scottish Court of Session. The court also had nine appointed lay members, and one of the three judges sat with a lay panel. The court hearings were in public, but its procedure was relatively informal, with neither the judge n ...
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Industrial Relations Act 1971
The Industrial Relations Act 1971 (c.72) was an Act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government. Background The Act followed the '' Report of the Royal Commission on Trade Unions and Employers’ Associations'', led by Lord Donovan, which sought to reduce industrial conflict and introduce a claim for unfair dismissal. However, under a Conservative government, the protection for workers was reduced compared to the Donovan Report proposals, and coupled with suppression of the right to collective ba ...
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Pentonville Prison
HM Prison Pentonville (informally "The Ville") is an English Category B men's prison, operated by His Majesty's Prison Service. Pentonville Prison is not in Pentonville, but is located further north, on the Caledonian Road in the Barnsbury area of the London Borough of Islington, north London. In 2015 the justice secretary, Michael Gove, described Pentonville as "the most dramatic example of failure" within the prisons estate. The prison today Pentonville is a local prison, holding Category B/C adult males remanded by local magistrates' courts and the Crown Court, and those serving short sentences or beginning longer sentences. The prison is divided into these main wings: * A wing: Remand and convicted * J wing: Induction wing * C wing: Remands and convicted prisoners * D wing: Remands and convicted * E wing: Remands and convicted * F wing: Detoxification Unit (F4 F5 Vulnerable Prisoners) * G wing: remands and convicted (G5 enhanced only) G wing has an education departmen ...
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Johnson V Unisys Ltd
''Johnson v Unisys Limited'' 001UKHL 13is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment. Facts After twenty years of working for Unisys Ltd in Milton Keynes, in 1994 Mr Johnson was dismissed for an alleged irregularity in his work. He suffered a mental breakdown, drank heavily, was admitted to mental hospital, could not find a new job despite over 100 applications and at age 52 was unlikely to have a promising future career. He claimed that he was wrongly dismissed, and that the manner of his dismissal, which was summarily without the chance of a fair hearing and with one month's pay in lieu only, caused his health problems. He sought compensation for unfair dismissal, and in addition for the manner of dismissal given the employer's breach of mutual trust and confidence. Judgment The House of Lords held that while Mr Johnson had been dismissed unfairly there could be no compensation for the manner of Mr J ...
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Leonard Hoffmann, Baron Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ...
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Wrongful Dismissal
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction. A related concept is constructive dismissal in which an employee feels no choice but to resign from employment for reasons that result from the employer's violation of the employee's legal rights. Forms of wrongful dismissal Being terminated for any of the items listed below may constitute wrongful termination: * Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or (in some jurisdictions) sexual orientation. * Retaliation: An employer can ...
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Norton Tool Co Ltd V Tewson
''Norton Tool Co Ltd v Tewson'' 972EW Misc 1is a UK labour law case, concerning unfair dismissal and the measure of damages as a remedy. Facts Judgment Sir John Donaldson held that loss of pride and injury to feelings may not be compensated. An employee can get damages for (a) immediate loss of wages (b) the manner of dismissal (c) future loss of wages (d) loss of protection for unfair dismissal or redundancy dismissal. Notes {{reflist">2 References * United Kingdom labour case law 1972 in United Kingdom case law ...
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Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, (11 March 1916 – 24 May 1995) was a British politician who served as Prime Minister of the United Kingdom twice, from October 1964 to June 1970, and again from March 1974 to April 1976. He was the Leader of the Labour Party from 1963 to 1976, and was a Member of Parliament (MP) from 1945 to 1983. Wilson is the only Labour leader to have formed administrations following four general elections. Born in Huddersfield, Yorkshire, to a politically active middle-class family, Wilson won a scholarship to attend Royds Hall Grammar School and went on to study modern history at Jesus College, Oxford. He was later an economic history lecturer at New College, Oxford, and a research fellow at University College, Oxford. Elected to Parliament in 1945 for the seat of Ormskirk, Wilson was immediately appointed to the Attlee government as a Parliamentary Secretary; he became Secretary for Overseas Trade in 1947, and was elevated to the ...
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Labour Party (UK)
The Labour Party is a political party in the United Kingdom that has been described as an alliance of social democrats, democratic socialists and trade unionists. The Labour Party sits on the centre-left of the political spectrum. In all general elections since 1922, Labour has been either the governing party or the Official Opposition. There have been six Labour prime ministers and thirteen Labour ministries. The party holds the annual Labour Party Conference, at which party policy is formulated. The party was founded in 1900, having grown out of the trade union movement and socialist parties of the 19th century. It overtook the Liberal Party to become the main opposition to the Conservative Party in the early 1920s, forming two minority governments under Ramsay MacDonald in the 1920s and early 1930s. Labour served in the wartime coalition of 1940–1945, after which Clement Attlee's Labour government established the National Health Service and expanded the welfa ...
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Trade Union And Labour Relations Act 1974
The Trade Union and Labour Relations Act 1974 ("TULRA") was a UK Act of Parliament (now repealed) on industrial relations. The Act contains rules on the functioning and legal status of trades union, the presumption that a collective agreement is not binding, and immunity of unions who take strike action in contemplation or furtherance of a trade dispute. Together with the Employment Protection Act 1975, TULRA formed the basis of the Labour Party's employment law programme under the "Social Contract" initiative. Background The Trade Union and Labour Relations Act 1974 was introduced by the Labour Government which succeeded Edward Heath's Conservative administration. TULRA both repealed and replaced the Industrial Relations Act 1971 which had been introduced by Heath's employment minister Robert Carr. The 1971 Act had faced massive opposition from the trade unions, whose industrial action contributed to Heath's implementation of the three day week and ultimately to the defeat of ...
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Sequestration (law)
In law, sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state. Etymology The Latin ''sequestrare'', to set aside or surrender, a late use, is derived from sequester, a depositary or trustee, one in whose hands a thing in dispute was placed until the dispute was settled; this was a term of Roman jurisprudence (cf. ''Digest L.'' 16,110). By derivation it must be connected with ''sequi'', to follow; possibly the development in meaning may be follower, attendant, intermediary, hence trustee. In English "sequestered" means merely secluded, withdrawn. England In law, the term "sequestration" has many applications; thus it is applied to the act of a belligerent power which seizes the debts due from its own subject to the enemy power; to a writ directed to persons, "sequestrators," to enter on the property of the defendant and seize the goods. Church of England There are also t ...
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Amalgamated Union Of Engineering Workers
The Amalgamated Engineering Union (AEU) was a major British trade union. It merged with the Electrical, Electronic, Telecommunications and Plumbing Union to form the Amalgamated Engineering and Electrical Union in 1992. History The history of the union can be traced back to the formation of the Journeymen Steam Engine, Machine Makers' and Millwrights' Friendly Society, in 1826, popularly known as the "Old Mechanics". They invited a large number of other unions to become part of what became the Amalgamated Society of Engineers (ASE).Arthur Marsh and Victoria Ryan, ''Historical Directory of British Trade Unions'', vol.3, pp.12-16 In 1920, the ASE put out a fresh call for other unions to merge with it in a renamed Amalgamated Engineering Union (AEU). Seventeen unions balloted their members on a possible merger, and nine voted in favour of amalgamation: * Amalgamated Association of Brass Turners, Fitters, Finishers and Coppersmiths * Amalgamated Instrument Makers' Society * Amal ...
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John Vinelott
Sir John Evelyn Vincent Vinelott (15 October 1923 – 22 May 2006) was a leading barrister at the Chancery bar and an English High Court judge in the Chancery Division from 1978 to 1994. He was born in Gillingham, Kent, and studied at Queen Elizabeth's Grammar School, Faversham. He started to read English at Goldsmiths, University of London, but his studies were interrupted by Second World War. He enlisted with the Royal Navy Volunteer Reserve before he graduated: the master-at-arms told him that hyphenated surname ("Vine-Lott") were not used on the lower decks. He was later commissioned as a sub-lieutenant, but retained his new unhyphenated surname. He was sent to the School of Oriental and African Studies to learn Japanese, and served on destroyers in the Far East, reading Japanese signals. He bought a copy of Ludwig Wittgenstein's ''Tractatus Logico-Philosophicus'' in Colombo, which made him determined to study philosophy after the war. He returned to his studies at Quee ...
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