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March 22, 1974 Industrial Relations — Unfair dismissal — Compensation — Employee unfairly dismissed — No recommendation of re‐engagement — Employee obtaining new employment from which redundant — Tribunal's review of own decision — Increased award — Whether jurisdiction to hold review — Whether tribunal right to consider new redundancy and increase award — Industrial Relations Act, 1971 (c.72), ss.5 (2), 106 (4) — Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 (S.I.1972 No.38), Sch.,r.l2 (1) (d).

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters. [5th August 1971]

August 9, 1966 Harrogate, Yorkshire Assessment to levy‐reduction in scope of trade of appellants ‐number of employees reduced — calculation of levy — whether fact that appellants will not benefit from scheme valid ground for resisting assessment — Industrial Training Levy (Wool) Order 1965.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect of this jurisdiction, unfair dismissal, is examined here. Basic principles related to the law of unfair dismissal are examined. The practice and procedure of an industrial tribunal solely in connection with unfair dismissal cases are examined in greater detail. A case study is used to illustrate the important aspects of procedure. Appendices give relevant forms and extracts from the appropriate Code of Practice.

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at looking towards its future.

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.

The Secretary of State in exercise of the powers conferred on him by Schedule 6 to the Industrial Relations Act 1971 and after consultation with the Council on Tribunals hereby makes the following Regulations:—

The Secretary of State, in exercise of the powers conferred on him by section 26 of the Prices and Incomes Act 1966(a), and by section 25(7) of that Act, hereby makes the following Order: