Appeal by the employer from a decision of an employment tribunal that the applicants had been dismissed contrary to s.100(1)(c) Employment Rights Act 1996. The respondent employees were employed by the appellant at a construction site. Some of the employees were members of a recognised trade union, some were members of a non-recognised union and others did not belong to a union. Concerns regarding health and safety conditions at the site were raised by a union representative and another employee. The employer was indifferent to the problems. The employees consequently refused to work and were dismissed. The applicants brought an action for automatic unfair dismissal contrary to s.100(1)(c) of the 1996 Act and in the alternative, for general unfair dismissal. The appellant asserted that the tribunal erred in its findings in relation to each of the conditions that were to be satisfied for s.100(1)(c). Specifically, it was contended that: (i) the tribunal did not consider whether it was reasonably practicable to act through the health and safety representatives or a safety committee; (ii) the employees did not use "reasonable means" within the meaning of s.100(1)(c) to convey their concerns; (iii) the finding that the reason for the dismissal was participation in activities falling within s.100(1)(c) was erroneous; and (iv) the conclusion that the strike conducted by members of the recognised union was official was wrong.
Tom Linden instructed by McDermott, Will & Emery for the appellant. John Law instructed by Jack Thornley & Parners and Jordans for the 2nd-23th respondents. Michael Ford instructed by Rowley Ashworth for the 26th-52nd respondents. Mr Matthews in person. Mr Manning in person. All other respondents were not present and were not represented.
LTL 14/4/2003 (Unreported elsewhere)
Document No. AC0104834
 IRLR 683
INDUSTRIAL ACTION,HEALTH & SAFETY,EAT,UNFAIR DISMISSAL,TRADE UNION
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