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Unfair dismissal remedies: Participation in industrial action is not in itself contributory fault

This report relates to 1 case(s)

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    Tracey v Crosville Wales Ltd [1997] IRLR 691 HL (0 other reports)

When an industrial tribunal has jurisdiction to hear unfair dismissal complaints by employees who have been dismissed for taking part in a strike or other industrial action, because some but not all have been offered re-engagement, participation in the strike or other industrial action cannot in itself amount to contributory fault, holds the House of Lords in Tracy and others v Crosville Wales Ltd (No.2) 16.10.97 House of Lords. But individual blameworthy conduct additional to or separate from the mere act of participation must in principle be capable of amounting to contributory fault, on account of which compensation for unfair dismissal falls to be reduced or extinguished.