The claimant said that in deciding her case, the Employment tribunal had wrongly taken account of a final warning on her record when that warning had been given on prohibited grounds. The EAT said that a tribunal could only go behind such a record if satisfied that it had been given in bad faith. The … Continue reading Gayle v Sandwell and West Birmingham Hospitals NHS Trust: CA 28 Jul 2011

Hibernia appealed from a decision that it had treated the respondent less favorably because of his trades union activities. Held: The appeal raised no arguable point of law and accordingly was dismissed at this preliminary hearing stage. Citations: [2000] UKEAT 187 – 00 – 1705 Links: Bailii Statutes: Trade Union and Labour Relations (Consolidation) Act … Continue reading Hibernia Foods Ltd v Wilson: EAT 17 May 2000

The Applicant had worked as a factory operative and was a duly elected shop steward. There was an agreement between the employers and the Transport and General Workers Union and under that agreement the employers had the right to de-recognise a shop steward if his conduct came into question. Judges: Butter QC HHJ Citations: [1998] … Continue reading Farnsworth Ltd v McCoid: EAT 27 Mar 1998

The employee served also as full time union representative. She was offered promotion, but only if she could find the time to do the work, and she was not to have her salary increase until she ceased her union activities. It was held that the offer of promotion with a withholding of a salary increase … Continue reading Southwark London Borough Council v D Whillier: CA 29 Jun 2001

A company which refused to recognise a union shop steward as such, because of the way in which he behaved, was treating him less favourably to restrict those activities, despite the fact that he had not been treated worse as an employee. In de-recognising Mr McCoid as a shop steward: ‘The only effect of the … Continue reading F W Farnsworth Limited v McCoid: CA 31 Mar 1999

Appeal as to the meaning of three words, those words being ‘as an individual’ in section 146 of the 1992 Act. Lord Woolf MR, Otton, Ward LJJ [1999] IRLR 626, [1999] ICR 1047, [1999] EWCA Civ 1064 Bailii Trade Union and Labour Relations (Consolidation) Act 1992 146 England and Wales Employment Updated: 03 January 2022; … Continue reading FW Farnsworth Ltd v McCoid: CA 23 Mar 1999

EAT Trade Union Rights: Action Short of Dismissal The Claimant had complained under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that he had been subjected to a detriment for union-related activities. The Employment Tribunal rejected the complaint and the Claimant appealed. The appeal was dismissed: the Employment Tribunal had properly … Continue reading Watson v London Metropolitan University: EAT 25 Feb 2015

EAT Contract of Employment : Whether Established – VICTIMISATION DISCRIMINATION Health and safety Other forms of victimisation It is a prerequisite of the right under the Trade Union and Labour Relations (Consolidation) Act 1992 section 146 or under the Employment Rights Act 1996 of an employee not to have action short of dismissal taken against … Continue reading Smith v Carillion (JM) Ltd and Another: EAT 17 Jan 2014

The ET was entitled to find that the employer’s ‘sole or main purpose’ in giving the Claimant a formal oral warning for refusing to comply with an instruction to take down an email list he had created for union communications was ‘preventing or deterring him from taking part in the activities of an independent trade … Continue reading University College London v Brown (Formal Oral Warning, ‘Sole or Main Purpose’): EAT 17 Dec 2020

EAT Trade Union Rights : Action Short of Dismissal – The Respondents are members of Unison. The Tribunal found that they were unjustifiably disciplined by the union contrary to s.64 of the Trade Union and Labour Relations (Consolidation) Act 1992. They were each banned from holding office in the union for three-five years. The restrictions … Continue reading Unison v Kelly and Others: EAT 22 Feb 2012

TRADE UNION MEMBERSHIP The Respondent below appealed against the Judgment of the Employment Tribunal (‘ET’) upholding the Claimant’s claim that he was subjected to a detriment for the sole or main purpose of penalising him for his trade union activities contrary to section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992. The … Continue reading North West Ambulance Service NHS Trust v Rice: EAT 30 Jan 2019

The appellant was a political activist in the ‘Workers of England Union’ and a nurse employed by the respondent. He alleged race discrimination, and detriment for his membership of what he said was an independent trade union, saying that the employer had not protected him against allegations made by co-workers that the WEU was racist. … Continue reading Bone v North Essex Partnership NHS Foundation Trust: CA 1 Feb 2016

EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

The claimants in the employment tribunal are airline pilots employed by the respondent and based in Great Britain. They are members of the trade union BALPA. They all participated in a strike called by BALPA. Because of that the respondent withdrew concessionary travel benefits from them for a year. They complained that they had been … Continue reading Ryanair DAC v Morais and Others (Trade Union Rights): EAT 18 Nov 2021

Trade Union Rights – Section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 protects workers against detriment related to taking part in the activities of an independent trade union. However, the scope of trade union activities . .