Trade Union Membership
In considering whether the exception from liability for unjustifiable discipline of trade union members provided by section 65(5) TULR(C)A 1992 applies, the tribunal must consider whether the trade union would have applied the same disciplinary sanction to comparable conduct absent the component of that conduct that resulted in it being protected. In this case, the employment tribunal, in an otherwise carefully considered judgment, determined itself that the same sanction would have been appropriate for the claimant’s conduct, absent the protected component, rather than determining what the union would have done in such circumstances. The matter was remitted for the employment tribunal to determine this issue afresh.
James Taylor HHJ
[2021] UKEAT 0084 – 20 – 1706
Bailii
England and Wales
Updated: 07 July 2021; Ref: scu.663587