Bone v North Essex Partnership NHS Foundation Trust: CA 15 May 2014

The claimant said that he was the representative of members of the Workers of England Trade Union at the respondent hospital. He claimed detriment, but the empoyer denied that it was an independent union allowing him protection under the Act. Since commencemet of proceedings, the Union had obtained certification.
Held: Protection under section 146 was not available only if the Union was independent. Other issues ould affect the assessment. The certificate of independence was retrospective in its effect for a proper period before the date of the certificate.

Jackson, Briggs, Christopher Clarke LJJ
[2014] EWCA Civ 652, [2014] 3 All ER 964, [2014] WLR(D) 214, [2014] IRLR 635, [2014] ICR 1053
Trade Union and Labour Relations (Consolidation) Act 1992 146(1)
England and Wales
Appeal fromNorth Essex Partnership NHS Foundation Trust v Bone EAT 30-Sep-2013
EAT Does the certificate of independent of the trade union given on 27 June 2013, for which the EAT had by statute to stay the instant appeal, provide protection to the Claimant for his activities and membership . .

Cited by:
Remitted fromNorth Essex Partnership NHS Foundation Trust v Bone EAT 10-Jul-2014
EAT Trade Union Rights : Action Short of Dismissal – PRACTICE AND PROCEDURE – Costs
The claimant, a member of WEU an independent trade union, made 21 claims of detriment for taking part in its activities, . .
See AlsoBone v North Essex Partnership NHS Foundation Trust CA 1-Feb-2016
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 . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 03 December 2021; Ref: scu.525616