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Fitzpatrick v British Railways Board

 

Fitzpatrick v British Railways Board

Fitzpatrick v British Railways Board
Court Court of Appeal of England and Wales
Citation(s) [1992] ICR 221, [1992] IRLR 376
Keywords
Trade union, collective bargaining

Fitzpatrick v British Railways Board [1992] ICR 221 is a UK labour law case, concerning collective bargaining.

Facts

Ms Fitzpatrick concealed a period of employment when she was working for Ford, but was dismissed after 9 days for bad references. An Evening Standard article had revealed, after she had been working for a few months with the British Railways Board, she had been a member of a Trotskyist group. She was dismissed for ‘untruthfulness and lack of trust’. Ms Fitzpatrick claimed the dismissal was unfair.

Judgment

Woolf LJ noted that the Tribunal had decided the major reason for her dismissal was taking part in trade union activities, and this was unlawful under TULRCA 1992 section 152. The Tribunal's decision was held to be a sound decision, that would not be overturned. It was not relevant that precise trade union activities were not identified, since if the reason for dismissal is connected with

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