Roebuck v NUM (Yorkshire Area) No 2

Roebuck v NUM (Yorkshire Area) No 2
Court	High Court
Citation(s)	[1978] ICR 676
Keywords
Trade union, collective bargaining

Roebuck v NUM (Yorkshire Area) No 2 [1978] ICR 676 is a UK labour law case, concerning trade union regulation.

Facts

Union members gave evidence for the Sheffield Star in a libel action by Mr Arthur Scargill. They were disciplined by their union under its rules, prompted by Mr Scargill who chaired the disciplinary panel. They were found in breach and disqualified from office for two years.

Judgment

Templeman J held that the disciplinaries were unlawful. He noted that ‘all members of a domestic tribunal where the interests of their own organisation are at stake, have a general inclination to defend the union and its officers against attack from any source.’ Scargill’s role as chairman ‘undoubtedly gave the impression that the dice were loaded against... the appearance of bias was inevitable.’ The question is ‘whether a reasonable man with no inside knowledge might well think that it might be biased.^[1] Here it was obvious.

Sources on trade unions

European Convention on Human Rights art 11

ILO Freedom of Association Convention (1948) C87

ASLEF v United Kingdom [2007] ECHR 184

Lee v Showmen’s Guild of Great Britain [1952] 2 QB 359

Edwards v Halliwell [1950] 2 All ER 1064

Hodgson v NALGOA [1972] 1 WLR 130

TULRCA 1992 ss 46-61

Ecclestone v National Union of Journalists [1999] IRLR 166

Breen v Amalgamated Engineering Union [1971] 2 QB 175

AB v CD [2001] IRLR 808

TULRCA 1992 ss 71-96

Paul v NALGO [1987] IRLR 413

Roebuck v NUM (Yorkshire Area) No 2 [1978] ICR 676

Esterman v NALGO [1974] ICR 625

Cheall v APEX [1983] 2 AC 180

TULRCA 1992 ss 62-65

see UK labour and trade unions

UK labour law

Notes

↑ Hannam v Bradford Corporation [1970] 1 WLR 937, 979

References

External links

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