Farnsworth Ltd v McCoid, Court of Appeal - Civil Division, March 23, 1999, [1999] EWCA Civ 1064

Extract

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Farnsworth Ltd v McCoid, Court of Appeal - Civil Division, March 23, 1999, [1999] EWCA Civ 1064

IN THE SUPREME COURT OF JUDICATURE EATRF 98/98/0506/3

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

Royal Courts of Justice

Strand

London WC2A 2LL

Tuesday 23 March 1999

B e f o r e:

THE MASTER OF THE ROLLS

(LORD WOOLF)

LORD JUSTICE OTTON

LORD JUSTICE WARD

- - - - - -

F W FARNSWORTH LIMITED

Appellant

- v -

FRANK MCCOID

Respondent

- - - - - -

(Computer Aided Transcript of the Palantype Notes of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 421 4040

Official Shorthand Writers to the Court)

- - - - - -

MR J BOWERS QC and MR I GATT (Instructed by Dibb Lupton Alsop, Sheffield S1 1RZ) appeared on behalf of the Appellant

MR T LINDEN (Instructed by Pattinson & Brewer, London, WC1N 3HA) appeared on behalf of the Respondent

- - - - - -

J U D G M E N T

(As approved by the Court)

- - - - - -

©Crown Copyright

Tuesday 23 March 1999

JUDGMENT

LORD WOOLF, MR: This appeal turns on the meaning of three words, those words being "as an individual" in section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The section, so far as relevant, reads as follows:

"(1) An employee has the right not to have action short of dismissal taken against him as an individual by his employer for the purpose of

(b) preventing or deterring him from taking part in the activities of an independent trade union at an app...

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