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Redundancy: Decision not to replace dismissed employees did not imply redundancy

This report relates to 1 case(s)

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    Baxter and others v Limb Group of Companies [1994] IRLR 572 CA (0 other reports)

Dockers dismissed while taking part in industrial action were dismissed for that reason alone, holds the Court of Appeal in Baxter and others v Limb Group of Companies. An industrial tribunal was wrong to conclude that the whole or main reason for their dismissals was redundancy, merely because the employer had decided not to replace the dismissed employees but to use only contract labour in future.

In the aftermath of the repeal of the National Dock Labour Scheme in 1989, attempts were made within the industry to negotiate fresh working conditions.