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THE ‘GOLDEN FORMULA’ Contemplation ... (of a trade dispute)

The classic meaning of these words is contained in the speech of Lord Loreburn in Conway v Wade.5 His Lordship said that, for the industrial action to be ‘in contemplation ... of a trade dispute’, it is necessary for the dispute to be imminent and the act to be done ‘in expectation of and with a view to it’.6 Thus, where a union makes a genuine claim on an employer to improve the conditions or pay of its members and the employers reject the claim, a trade dispute is in contemplation even though no active dispute has yet arisen.