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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
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization in ...
government of
Ted Heath
Sir Edward Richard George Heath (9 July 191617 July 2005), often known as Ted Heath, was a British politician who served as Prime Minister of the United Kingdom from 1970 to 1974 and Leader of the Conservative Party from 1965 to 1975. Heath a ...
as a way to limit the power of trades union in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
. It was empowered to grant
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
s 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
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
or
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburg ...
. 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 nor
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
s wearing wigs or gowns.
The NIRC was controversial throughout its short life. Donaldson, the president of the court, was known to have Conservative leanings, having stood as a Parliamentary candidate for the Conservative party and, indeed, having contributed to the drafting of the Industrial Relations Act. Many cases were decided against the trades unions, although the unions had a policy of not co-operating with, and in many cases ignoring, the court. In July 1972, a dispute involving the dock workers union led to five
shop steward
A union representative, union steward, or shop steward is an employee of an organization or company who represents and defends the interests of their fellow employees as a labor union member and official. Rank-and-file members of the union hold ...
s being imprisoned in
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 ar ...
for
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
. Unofficial strike action in support of the
Pentonville Five
The Pentonville Five were five shop stewards who were imprisoned in July 1972 by the National Industrial Relations Court for refusing to obey a court order to stop picketing a container depot in East London. Their arrest and imprisonment led to the ...
created a national crisis, only averted when the Official Solicitor (advised by
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 Quee ...
, later a High Court judge) appealed the arrests to the Court of Appeal, who ordered their release. A dispute involving the Amalgamated Union of Engineering Workers also led to a finding of contempt of court, a substantial fine, and an order for the sequestration of the assets of the union (although the fine was ultimately paid anonymously).
The NIRC was abolished by the Trade Union and Labour Relations Act 1974 soon after the Labour government of
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 ...
came to power in 1974.
One of the leading legal decisions of the NIRC was ''
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. ...
'' 972ICR, in which Donaldson J ruled that damages for
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 contra ...
only extended to financial loss, and that compensation was not available for non-pecuniary losses, such as injury to pride or feelings. This position was doubted by
Lord 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 w ...