Transport and General Workers Union v Dyer [1976] 1 WLUK 236

Also known as Transport and General Workers Union v Dyer

discussions, trade union, industrial action

(Andrew) Transport and General Workers Union v Dyer [1976] 1 WLUK 236 is an Employment Law case concerning Trade Unions and Industrial Action. 

Facts:

The employer dismissed three employees by reason of redundancy. However, the trade union (TGWU) asserted that it should have been consulted by the employer. This was because the trade union was in discussions with the employer to reinstate one of the three employees for an earlier dispute. Furthermore, the company had once negotiated the settlement of a strike with the union. Nonetheless, the employer argued that this was not “recognition”. 

Issue: 

Were the discussions involving the earlier dispute of one of the three employees and settlement of a strike considered to be “recognition”? 

Held: 

The court held that the employer was under no duty to consult with the union. This was because the discussions and settlement of a strike did not constitute as recognition. However, the trade union appealed against this decision. Nonetheless, the Employment Appeal Tribunal held that the settlement of a strike with the trade union was not sufficient to constitute recognition. Therefore, the trade union’s claim failed. 

References: [1976] 1 WLUK 236, [1977] I.R.L.R. 93, (1976) 12 I.T.R. 113,[1977] C.L.Y. 1061

Read our notes on Trade Unions and Industrial Action and other cases for more information.