Crofter Hand Woven Harris Tweed Co Ltd v Veitch

Crofter Hand Woven Harris Tweed Co Ltd v Veitch
Crofter Ltd v Veitch
Court House of Lords
Case opinions
Lord Chancellor Simon, Lord Wright

Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435 is a landmark UK labour law case on the right to take part in collective bargaining. However, the actual decision which appears to allow secondary action may have been limited by developments from the 1980s.

Contents

Facts

In the Harris tweed industry on the Island of Lewis in the Outer Hebrides, several independent producers of tweed cloth were in a dispute with the Transport and General Workers Union over working conditions. The TGWU called on dockers in Stornoway, also TGWU members to refuse to handle the yarn imported to the island by the producers.

Judgment

The House of Lords held that there was no actionable conspiracy in this case. Lord Chancellor Simon said,

If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners (no illegal means being employed) it is not a tortious conspiracy, even though it causes damage to another person.[1]

Lord Wright affirmed that the union had a right to take part in collective bargaining and more than that said,

Where the rights of labour are concerned, the rights of the employer are conditioned by the rights of the men to give or withhold their services. The right of workmen to strike is an essential element in the principle of collective bargaining.[2]

Notes

  1. ^ at 445
  2. ^ at 463

References


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