Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employee relationsCase lawEmployment tribunals

Ms D Doherty v British Midland Airways Limited, EAT, 7 February 2005

by Personnel Today 12 Apr 2005
by Personnel Today 12 Apr 2005

Doherty was employed by British Midland Airways (BMA) as a ticket agent. She was a staff representative of the GMB, an independent trade union with exclusive negotiating rights for all BMA ground-based airport staff.

Doherty resigned and claimed constructive unfair dismissal on the ground of the trade union activities she was involved in. The tribunal concluded that Doherty had not been unfairly dismissed, and her complaint failed. Doherty appealed.

One of the issues on appeal was her claim that there is, as a matter of contract, a right that corresponds in language to the three statutory rights protecting trade unionists when they carry out trade union activities. It was argued that this right of action, in contract, is there simply because the statute provides such a right. However, there was no authority on this point.

The Employment Appeal Tribunal (EAT) held that Doherty’s proposition was “wholly misconceived”, and the contention was rejected. The EAT therefore refused to accept that the rights given to staff under employment statutes (in this case, statutory rights protecting trade unionists when they carry out trade union activities) also provide a right of action in contract. Consequently, staff cannot necessarily claim constructive unfair dismissal whenever a statutory right is infringed.


Avatar
Personnel Today

previous post
Win a weekend in New York with PersonnelToday.com and Oracle
next post
Measuring employee motivation

You may also like

Royal Mail managers vote to strike over restructure

30 Jun 2022

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

Postal workers and doctors threaten strikes over pay

28 Jun 2022

Heathrow-based cabin crew set for 18% pay rise

28 Jun 2022

Christian awarded £22k following dismissal over religious necklace

24 Jun 2022

British Airways employees at Heathrow vote for walkouts

24 Jun 2022

Government to repeal agency workers ban during strikes

23 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

Rail strike: PM calls for pay compromise to...

21 Jun 2022

‘General strike’ threat looms as unions voice pay...

20 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+