PART VIIIINDUSTRIAL ACTION
Protection of acts in contemplation or furtherance of trade dispute
Protection of acts in contemplation or furtherance of trade dispute97
1
An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—
a
that it induces another person to break a contract or interferes or induces another person to interfere with its performance; or
b
that it consists in his threatening that a contract (whether one to which he is a party or not) will be broken or its performance interfered with, or that he will induce another person to break a contract or interfere with its performance. Protection from certain tort liabilities
2
An agreement or combination by two or more persons to do or procure the doing of an act in contemplation or furtherance of a trade dispute is not actionable in tort if the act is one which if done without any such agreement or combination would not be actionable in tort.
3
Nothing in paragraphs (1) and (2) prevents an act done in the course of picketing from being actionable in tort unless it is done in the course of attendance declared lawful by Article 98 (peaceful picketing).
4
Paragraphs (1) and (2) have effect subject to Articles 100 to 103 (action excluded from protection) and to Articles 104 (requirement of ballot before action by trade union) and 118 (requirement of notice to employer of industrial action); and in those Articles “not protected” means excluded from the protection afforded by this Article or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.
Peaceful picketing98
1
It is lawful for a person in contemplation or furtherance of a trade dispute to attend—
a
at or near his own place of work, or
b
if he is an official of a trade union, at or near the place of work of a member of the union whom he is accompanying and whom he represents, for the purpose only of peacefully obtaining or communicating information, or peacefully persuading any person to work or abstain from working.
2
If a person works or normally works—
a
otherwise than at any one place, or
b
at a place the location of which is such that attendance there for a purpose mentioned in paragraph (1) is impracticable, his place of work for the purposes of that paragraph shall be any premises of his employer from which he works or from which his work is administered.
3
In the case of a worker not in employment where—
a
his last employment was terminated in connection with a trade dispute; or
b
the termination of his employment was one of the circumstances giving rise to a trade dispute, in relation to that dispute his former place of work shall be treated for the purposes of paragraph (1) as being his place of work.
4
A person who is an official of a trade union by virtue only of having been elected or appointed to be a representative of some of the members of the union shall be regarded for the purposes of paragraph (1) as representing only those members; but otherwise an official of a union shall be regarded for those purposes as representing all its members.
Restrictions on grant of injunctions99
1
Where—
a
an application for an injunction is made to a court in the absence of the party against whom it is sought or any representative of his, and
b
he claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute, the court shall not grant the injunction unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to him.
2
Where—
a
an application for an interlocutory injunction is made to a court pending the trial of an action, and
b
the party against whom it is sought claims that he acted in contemplation or furtherance of a trade dispute, the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing any matter which would afford a defence to the action under Article 97 (protection from certain tort liabilities) or Article 98 (peaceful picketing).