National Industrial Relations Court
Encyclopedia
The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971
. The NIRC was created by the Conservative
government of Ted Heath as a way to limit the power of trades union in the United Kingdom
. It was empowered to grant injunction
s as necessary to prevent injurious strike
s and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales
or Scotland
.
Its first and only President was John Donaldson
, supported by John Brightman
(both High Court
judges who later became Law Lords) and Lord Thomson, a judge of the Scottish Court of Session
. The court also had nine appointed lay members, and one of the three judges sat with a lay panel. The court hearings were in public, but its procedure was relatively informal, with neither the judge nor barrister
s wearing wigs or gowns.
The NIRC was controversial throughout its short life. Donaldson, the president of the court, was known to have Conservative leanings, having stood as a Parliamentary candidate for the Conservative party and, indeed, having contributed to the drafting of the Industrial Relations Act. Many cases were decided against the trades unions, although the unions had a policy of not co-operating with, and in many cases ignoring, the court. In July 1972, a dispute involving the dock workers union led to five shop stewards being imprisoned in Pentonville Prison for contempt of court
. Unofficial strike action in support of the Pentonville Five
created a national crisis, only averted when the Official Solicitor
(advised by John Vinelott
, later a High Court judge) appealed the arrests to the Court of Appeal, who ordered their release. A dispute involving the Amalgamated Union of Engineering Workers also led to a finding of contempt of court, a substantial fine, and an order for the sequestration
of the assets of the union (although the fine was ultimately paid anonymously).
The NIRC was abolished by the Trade Union and Labour Relations Act 1974
soon after the Labour
government of Harold Wilson
came to power in 1974.
One of the leading legal decisions of the NIRC was Norton Tool Co. Ltd v Tewson [1972] ICR, in which Donaldson J ruled that damages for wrongful dismissal
only extended to financial loss, and that compensation was not available for non-pecuniary losses, such as injury to pride or feelings. This position was doubted by Lord Hoffmann
in Johnson v Unisys Ltd [2003] 1 AC 518, but upheld in Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36.
Industrial Relations Act 1971
The Industrial Relations Act 1971 was an Act of the Parliament of the United Kingdom, since repealed. It was largely based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election...
. The NIRC was created by the Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
government of Ted Heath as a way to limit the power of trades union in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It was empowered to grant injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s as necessary to prevent injurious strike
Strike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
s and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
or Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Its first and only President was John Donaldson
John Donaldson, Baron Donaldson of Lymington
John Francis Donaldson, Baron Donaldson of Lymington PC, QC was a senior British judge who served as Master of the Rolls for 10 years, from 1982 to 1992.- Early and private life :...
, supported by John Brightman
John Brightman, Baron Brightman
John Anson Brightman, Baron Brightman was an English Chancery barrister and judge, ultimately of the House of Lords.-Early life and career:...
(both High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judges who later became Law Lords) and Lord Thomson, a judge of the Scottish Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
. The court also had nine appointed lay members, and one of the three judges sat with a lay panel. The court hearings were in public, but its procedure was relatively informal, with neither the judge nor barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s wearing wigs or gowns.
The NIRC was controversial throughout its short life. Donaldson, the president of the court, was known to have Conservative leanings, having stood as a Parliamentary candidate for the Conservative party and, indeed, having contributed to the drafting of the Industrial Relations Act. Many cases were decided against the trades unions, although the unions had a policy of not co-operating with, and in many cases ignoring, the court. In July 1972, a dispute involving the dock workers union led to five shop stewards being imprisoned in Pentonville Prison for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. Unofficial strike action in support of the Pentonville Five
Pentonville Five
The Pentonville Five were five shop stewards jailed in July 1972 by the National Industrial Relations Court for refusing to obey a court order to stop picketing of a container depot in East London....
created a national crisis, only averted when the Official Solicitor
Official Solicitor
The Office of the Official Solicitor is a part of the Ministry of Justice of the Government of the United Kingdom. The Official Solicitor acts for people who, because they lack mental capacity and cannot properly manage their own affairs, are unable to represent themselves and no other suitable...
(advised by John Vinelott
John Vinelott
Sir John Evelyn Vincent Vinelott was a leading barrister at the Chancery bar and an English High Court judge in the Chancery Division from 1978 to 1994....
, later a High Court judge) appealed the arrests to the Court of Appeal, who ordered their release. A dispute involving the Amalgamated Union of Engineering Workers also led to a finding of contempt of court, a substantial fine, and an order for the sequestration
Sequestration (law)
Sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.-Etymology:...
of the assets of the union (although the fine was ultimately paid anonymously).
The NIRC was abolished by the Trade Union and Labour Relations Act 1974
Trade Union and Labour Relations Act 1974
The Trade Union and Labour Relations Act 1974 was a UK Act of Parliament, now replaced by the Trade Union and Labour Relations Act 1992. The 1974 Act was introduced by the Labour Government, and both repealed and replaced the Conservatives' Industrial Relations Act 1971...
soon after the Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
government of Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
came to power in 1974.
One of the leading legal decisions of the NIRC was Norton Tool Co. Ltd v Tewson [1972] ICR, in which Donaldson J ruled that damages for wrongful dismissal
Wrongful dismissal
Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...
only extended to financial loss, and that compensation was not available for non-pecuniary losses, such as injury to pride or feelings. This position was doubted by Lord Hoffmann
Leonard Hoffmann, Baron Hoffmann
Leonard Hubert "Lenny" Hoffmann, Baron Hoffmann, PC is a retired senior British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009...
in Johnson v Unisys Ltd [2003] 1 AC 518, but upheld in Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36.