''Fitzpatrick v British Railways Board''

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ICR 221 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 bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...

Facts

Ms Fitzpatrick concealed a period of employment when she was working for

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, but was dismissed after 9 days for bad references. An ''

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'' article had revealed, after she had been working for a few months with the

British Railways Board British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...

, she had been a member of a Trotskyist group called

Socialist Action (UK) Socialist Action is a small Trotskyism, Trotskyist group in the United Kingdom. From the mid-1980s Socialist Action became an entryism, entryist organisation, attempting to work within other organisations, with members using code names and not rev ...

. She was dismissed for ‘untruthfulness and lack of trust’. Ms Fitzpatrick claimed the dismissal was unlawful, as it was because of her trade union activity.

Judgment

Woolf LJ held that Ms Fitzpatrick was unlawfully dismissed under the Employment Protection (Consolidation) Act 1978 section 58 (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 152), and reversed the Tribunal. She was dismissed not for ‘deceit’ but because of her ‘previous trade union (and possibly her political) activities, which gave her a reputation for being a disruptive force; and that was the prime reason for her dismissal.’

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and

Leggatt LJ Sir Andrew Peter Leggatt, PC (8 November 1930 – 21 February 2020) was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As ...

concurred.

Notes

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References

* United Kingdom labour case law Court of Appeal (England and Wales) cases 1992 in British law 1992 in case law

Facts

Judgment

See also

Notes

References