Nelson v BBC (No 2)

Nelson v BBC (No 2) [1980] ICR 110 is a UK labour law case, concerning unfair dismissal and the role of contributory fault.

In 1974, the BBC decided to reduce the services it provided in the Caribbean and offered Mr Nelson transfer to another role.

Brandon LJ held that while Mr Nelson was not "redundant"—the BBC could have found other work for him—and therefore dismissal on the grounds of redundancy was technically unfair, Mr Nelson's behaviour reduced his damages to zero as his behaviour was "perverse or foolish … or … bloody minded."

The Court of Appeal laid out a three-stage test to whether there is contributory fault in an unfair dismissal claim.

This, along with the "function test" was subsequently rejected by the House of Lords in Murray v Foyle Meats Ltd.[3]