LORD ADVOCATE (REPRESENTING THE SECRETARY OF STATE FOR EMPLOYMENT) v. DE ROSA AND OTHERS

Abstract

June 13, 1974 Master and Servant — Redundancy — Dismissal for redundancy — Redundancy payment — Computation of period of continuous employment — Transfer of business on undertaking — Contracts of Employment Act, 1963 (c. 49), Sch. 1 para. 10 (2) — Redundancy Payments Act, 1965 (c. 62), ss. 1, 3(1), (2), 13 (2), 24, Sch. 1, para. 1.

Managerial Law

“…The matter was under review [209] and the unions will be given some rights (to persuade persons to stop, and not the right to stop) in the proposed Employment Protection legislation [210]. It would be a matter of regret if a right such as was demanded be given to pickets, as this would imply a correlative obligation on the part of a lorry driver (or other persons) who does not wish to receive information, etc, to stop, thus curtailing the freedom of the individual [211]. This writer does not believe that any advantage would be had from pickets being given this right, indeed the giving of this right even though controlled by Ministerial regulations could lead to violence, and to disturbance of the peace and serious injury to inter alia pickets themselves may result.…”