I.C.R. 403, N.I.R.C.
The employee was dismissed for refusal to belong to the A.U.E.W. The N.I.R.C. upheld a tribunal's refusal to make a recommendation for re-engagement under the I.R.A. because of the likelihood of industrial strife in the event that the employee were re-engaged. The tribunal was correct to "consider the industrial realities of the situation". (There was also a compensation point which is of no relevance under the present law.)
Coleman v. Magnet Joinery Ltd.  I.C.R. 46 is Court of Appeal authority for the same proposition, where it was also emphasised that practicable does not mean possible.
These cases appear to be still good law, although the law on the closed shop has been altered in a number of other respects.
Legal page, home page, list of cases, top of case , labour law page
These notes were last updated on 26 Jan 98.
Mail Paul Toddtoddpn2@cf.ac.uk