131 / 270
GAZETTE
JULY AUGUST 1980
33. One must remember that s.5(2) of the UDA, 1977, does not
involve a conclusive presumption of unfairness and contrast this with
the stark exclusion of jurisdiction found in s.62 of the EPCA, 1978.
34. | 1978] ICR 347.
35.
Stock
v.
Frank Jones (Tipton) Ltd.
11978] ICR 347.
36. Ways of neutralising the decision are suggested by Collins in
(1979)
Industrial Law Journal,
109
'10.
37. | 1977] ICR 725.
38.
Cruikshank's
case is perhaps unique in that someone allegedly
had to be dismissed and the choice was between strikers, returned
strikers, and those who had stayed at work. It may not have been
unreasonable to select strikers over workers who remain but this is no
argument for suggesting that it is reasonable to dismiss a person who
has been on strike.
39. 11976] 3 All E.R. 384. See also a different problem which arose
in
Edwards & Others
v.
Cardiff City Council
11979] IRLR 303.
40. [1980] 1 All E.R. 556.
41. | 19781 IRLR 483.
42. | 1979] IRLR 103, 105 (EAT). On the facts before the EAT it
was held that there was no evidence that the strike had been engineered
by the employers in order to get rid of the employees.
43. I 1977] Q.B 284; 119771 ICR 61; 11976] 3 WLR 901; I 19771 1
All ER 775.
44. See page 121 above.
45. An underlying problem of such legislative treatment is that
industrial action is equated with ordinary misconduct at work. The
analogy with individual fault is no longer credible in a society which
recognises the legitimacy of industrial action in pursuance of a fair
standard of living and job security. The appropriate rules governing
management discretion in disciplining the workforce in the ordinary
course of production are not suitable for deciding what economic
sanctions should be permitted to both sides during industrial conflict.
The principal defect in the current law is that it puts jobs at stake every
time there is a strike or lock-out.
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