BBC V Hearn
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''BBC v Hearn''
977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...
ICR 685 is a
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case, concerning
collective action Collective action refers to action taken together by a group of people whose goal is to enhance their condition and achieve a common objective. It is a term that has formulations and theories in many areas of the social sciences including psych ...
and the scope of a "trade dispute" under what is now
TULRCA 1992 The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law cont ...
section 244.


Facts

The BBC wanted an injunction to restrain Hearn and the
Association of Broadcasting Staff The Association of Broadcasting and Allied Staffs (ABS) was a British broadcasting trade union. The organisation was founded in 1945 with the merger of the BBC Staff (Wartime) Association and the Association of BBC Engineers to form the BBC St ...
from stopping broadcast of the
1977 FA Cup Final The 1977 FA Cup Final was the final match of the 1976–77 FA Cup, the 96th season of England's premier cup football competition. The match was played on 21 May 1977 at Wembley Stadium, London, and it was contested by Manchester United and Liver ...
. ABS objected to transmission unless the BBC agreed to not broadcast to
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
. In the High Court, Pain J held that the proposed action was in contemplation or furtherance of a trade dispute.


Judgment

Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
held that the injunction was to be granted, because it was not strictly a dispute over terms and conditions of work.


See also

*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*'' Hadmor Productions Ltd v Hamilton''
983 Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...
1 AC 191 at 227, 233–234, approving ''Hearn'' *'' Re P (a minor)'' UKHL_8


_Notes

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UKHL 8


Notes

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References

* United Kingdom labour case law