BBC v Hearn

BBC v Hearn
Court	Court of Appeal
Citation(s)	[1977] ICR 686
Keywords
Trade union, collective bargaining

BBC v Hearn [1977] ICR 686 is a UK labour law case, concerning collective action and the scope of a "trade dispute" under what is now TULRCA 1992 section 244.

Facts

The BBC wanted an injunction to restrain Hearn and the Association of Broadcasting Staff from stopping broadcast of the 1977 FA Cup Final. ABS objected to transmission unless the BBC agreed to not broadcast to South Africa.

In the High Court, Pain J held that the proposed action was in contemplation or furtherance of a trade dispute.

Judgment

Lord Denning MR held that the injunction was to be granted, because it was not strictly a dispute over terms and conditions of work.

“

To become a trade dispute, there would have to be something of the kind which was discussed in the course of argument before us: ‘We would like you to consider putting a clause in the contract by which our members are not bound to take part in any broadcast which may be viewed in South Africa because we feel that it is obnoxious to their views and to the views of a great multitude of people. We would like that clause to be put in, or a condition of that kind to be understood.’ If the BBC refused to put in such a condition, or refused to negotiate about it, that might be a trade dispute.... But the matter never reached that stage at all.... It was coercive interference and nothing more. If that is the right view, it means that the trade union and its officers are not exempt from the ordinary rule of law – which is that men must honour their contracts, and must not unlawfully interfere with the performance of them.

”

Collective bargaining sources

ECHR article 11

TULRCA 1992 Sch A1

Fullarton Computer Industries Ltd v CAC [2001] Scot CS 168

R (Kwik-Fit (GB) Ltd) v CAC [2002] EWCA Civ 512

R (National Union of Journalists) v CAC [2005] EWCA Civ 1309

TULRCA 1992 s 179

Gallagher v Post Office [1970] 3 All ER 712

TULRCA 1992 ss 137-166 and 275

CCSU v Minister for the Civil Service [1983] UKHL 6

Fitzpatrick v British Railways Board [1992] ICR 221

Wilson and Palmer v United Kingdom [2002] ECHR 552

Young, James and Webster v United Kingdom [1981] ECHR 4

Employment Relations Act 1999 ss 10-15

NUGSAT v Albury Brothers Ltd [1979] ICR 84

TULRCA 1992 ss 168-170

Luce v Bexley LBC [1990] ICR 591

UK labour law
Hadmor Productions Ltd v Hamilton [1983] 1 AC 191 at 227, 233-234, approving Hearn
Re P (a minor) [2003] UKHL 8

Notes

References

External links

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