Mexborough and Swinton Times, May 19th, 1939
Weeks Back Unemployment Pay for Denaby Miners.
A decision of the Principal Umpire, Mr E.Wingate-Saul, K.C., in connection with an appeal on a claim by a Mexborough miner, Joseph Henry Eccles, for unemployment benefit, arising from a stoppage at Denaby Main Colliery in July last year, when number two shaft was cut off use owing to a breakdown of the winding engine, will benefit between 500 and 600 men employed in the Barnsleyseam at Denaby Main Colliery.
The claim had been disallowed by the Insurers Officer, and the appeal was made as a test case. The men will benefit, it is understood, to the extent of approximately 1 weeks pay per head. It is hoped to make the payments on Thursday, May 25.
The shaft out of use was one of two “shafts or outlets” required under the Coal Mines Act in order to provide “separate means of ingress and egress to persons employed in every scene.”
Eccles, and others refused to work while number two shaft was closed, contending that the requirement to work under such conditions was illegal as they constituted a breach of the Act.
The Employers maintained that the requirement to work was not a breach of the Act, since there was a connecting road between Denaby and Cadeby collieries which provided a second means of egress from the seam.
After the claim had been turned down by the Court of Referees and the Insurance Officer, the employers claimed damages against the workmen for breach of contract.
The magistrates, however,upheld the contention of the workmen that there was no breach of contracton their part andtherefore, the employers had not complied with the provisions of the Act
Subsequently, the Kings Bench Division upheld the magistrates decision.
Finally, the umpire, to whom the claimant’s appeal for unemployment benefit was submitted, has allowed the claim.
It is understood that the whole of the employees in the Barnsley seam who stopped work on that occasion will now be qualified to receive benefit.