''Morgan v Fry''
968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the ...
2 QB 710 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 the
right to strike
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the I ...
at common law.
It is notable as
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 ...
said the following:
Facts
The
Port of London Authority
The Port of London Authority (PLA) is a self-funding public trust established on 31 March 1909 in accordance with the Port of London Act 1908 to govern the Port of London. Its responsibility extends over the Tideway of the River Thames and its ...
negotiated with a single union. Morgan, a lockman, was a member of a breakaway union. The first union threatened to strike unless the breakaway union members were dismissed, Fry arguing it was a genuine threat to industrial peace. He did not intend for anyone to be dismissed in particular. Morgan was dismissed because of the threat, and sued for intimidation and conspiracy.
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 if proper notice, the length of time to terminate a contract, was given then a strike was lawful, and because the strike was lawful there was no tort of intimidation. The defendants’ honest belief they were acting in the interests of the union negatived any allegation of conspiracy.
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 ...
said the following.
968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (the ...
2 QB 710, 724-5
Davies LJ, agreeing with Lord Denning MR, said the following:
Russell LJ dissented in reasoning:
See also
*
United Kingdom 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 ...
Notes
{{reflist, 2
References
*
United Kingdom labour case law