Trade disputes
15 Actions in tort against trade unions and employers’ associations.
1
Section 14 of the 1974 Act (immunity for trade unions and employers’ associations from certain actions in tort) shall cease to have effect.
2
Where proceedings in tort are brought against a trade union—
a
on a ground specified in paragraph (a) or (b) of section 13(1) of the 1974 Act; or
b
in respect of an agreement or combination by two or more persons to do or to procure the doing of an act which, if it were done without any such agreement or combination, would be actionable in tort on such a ground;
then, for the purpose of determining in those proceedings whether the union is liable in respect of the act in question, that act shall be taken to have been done by the union if, but only if, F1it is to be taken, in accordance with the following provisions, to have been authorised or endorsed by the union.
F23
An act shall be taken to have been authorised or endorsed by a trade union if it was done, or was authorised or endorsed—
a
by any person empowered by the rules to do, authorise or endorse acts of the kind in question, or
b
by the principal executive committee or the president or general secretary, or
c
by any other committee of the union or any other official of the union (whether employed by it or not).
3A
For the purposes of paragraph (c) of subsection (3)—
a
any group of persons constituted in accordance with the rules of the union is a committee of the union; and
b
an act shall be taken to have been done, authorised or endorsed by an official if it was done, authorised or endorsed by, or by any member of, any group of persons of which he was at the material time a member, the purposes of which included organising or co-ordinating industrial action.
3B
The provisions of paragraphs (b) and (c) of subsection (3) apply notwithstanding anything in the rules of the union, or in any contract or rule of law, but subject as follows.
F34
An act shall not be taken to have been authorised or endorsed by the union by virtue only of paragraph (c) of subsection (3) if it was repudiated by the principal executive committee or the president or general secretary as soon as reasonably practicable after coming to the knowledge of any of them.
F45
Where an act is repudiated—
a
written notice of the repudiation must be given to the committee or official in question, without delay, and
b
the union must do its best to give individual written notice of the fact and date of repudiation, without delay—
i
to every member of the union who the union has reason to believe is taking part, or might otherwise take part, in industrial action as a result of the act, and
ii
to the employer of every such member.
5A
The notice given to members in accordance with paragraph (b)(i) of subsection (5) must contain the following statement—
“
Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in reponse to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal.
”
5B
If subsection (5) or (5A) is not complied with, the repudiation shall be treated as ineffective.
6
An act shall not be treated as repudiated . . . F5 if at any time after the union concerned purported to repudiate it the principal executive committee or president or general secretary has behaved in a manner which is inconsistent with the purported repudiation.
F66A
The principal executive committee, president or general secretary shall be treated as so behaving if, on a request made to any of them within three months of the purported repudiation by a person who—
a
is a party to a commercial contract whose performance has been or may be interfered with as a result of the act in question, and
b
has not been given written notice by the union of the repudiation,
it is not forthwith confirmed in writing that the act has been repudiated.
7
In this section—
F7 “commercial contract” means any contract other than—
a
a contract of service or apprenticeship, or
b
any other contract under which a person agrees personally to do work or perform services for another;
“general secretary” means the official of the union concerned who holds the office of general secretary or, where there is no such office, who holds the office which is equivalent, or the nearest equivalent, to that of general secretary;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
“president” means the official of the union concerned who holds the office of president or, where there is no such office, who holds the office which is equivalent, or the nearest equivalent, to that of president;
“principal executive committee” means the principal committee of the union concerned exercising executive functions, by whatever name it is known;
“rules” means the written rules of the union and any other written provisions forming part of the contract between a member and the other members (or, in the case of a special register body, between a member and the body).
8
Where, for the purpose of any proceedings, an act is by virtue of this section taken to have been done by a trade union nothing in this section shall affect the liability of any other person in those or any other proceedings in respect of that act.
F99
In proceedings arising out of an act which is by virtue of this section taken to have been done by a trade union, the power of the court to grant an injunction or interdict includes power to require the union to take such steps as the court considers appropriate for ensuring—
a
that there is no, or no further, inducement of persons to take part or to continue to take part in industrial action, and
b
that no person engages in any conduct after the granting of the injunction or interdict by virtue of having been induced before it was granted to take part or to continue to take part in industrial action;
and the provisions of this section apply in relation to proceedings for failure to comply with any such injunction or interdict as they apply in relation to the original proceedings.