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Against the employee as an individual

The action taken by the employer must be directed against the employee as an individual. Action taken against the union itself, that then has indirectly negative consequences for the employee, was not ‘action short of dismissal’ for the purposes of the section.114 This issue arose in NCB v Ridgway.115 After the defeat of the National Union of Mineworkers (NUM) in the miners’ strike, the Union of Democratic Mineworkers (UDM) was formed, consisting of many miners who had opposed the strike. The National Coal Board recognised the UDM for bargaining purposes and negotiated a pay rise with this union. At pits where neither the NUM nor the UDM were in a majority, the NCB decided to grant the pay rise to members of the UDM only. Ridgway and other members of the NUM who were denied the pay rise complained that the failure to increase their pay was action taken against them as individuals which penalised them for membership of the NUM.