Employment

(1) When applying s 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992, it was well established that the tribunal had to keep three stages in mind. First, whether there were special circumstances. Second, whether those circumstances rendered compliance with s 188(1A), (2) and (4) not reasonably practicable. Third, if so, whether the employer had taken all such steps towards compliance with those provisions as were reasonably practicable. It was also well established that special circumstances connoted something out of the ordinary or something uncommon.

The phrase “reasonably practicable” was a well known phrase often adopted to define the scope of a requirement or obligation. Where requirements were placed upon an employer subject to those limiting words, an employer did not have to prove that it was impossible to comply with the requirements, or even that it was physically impracticable to do so. Whenever a question arose as to whether a particular step or action was reasonably practicable or feasible, the injection of