British Gypsum Ltd v Thompson: EAT 22 Nov 2011

EAT Unfair dismissal – Automatic unfair dismissal for trade union activities
Unfair dismissal – Fair in all the circumstances pursuant to s.98(4) of the Employment Rights Act 1996.
Delay – Tribunal delay in delivering judgment.
Employee is a shop steward – redundancy selection – during consultation process employee expresses opposition to need for change and implementation of new systems – employee selected for redundancy – internal appeal. Tribunal holds employee automatically unfairly dismissed by reason of undertaking trade union activities at an appropriate time as a shop steward.
HELD, allowing the appeal in part,
1. the employee was taking part in the activities of an independent trade union at an appropriate time;
2. the delay of the tribunal in promulgating its decision does not give rise to an independent ground of appeal;
3. however the tribunal failed to make findings on the issue as to the effect of the appeal, and this issue is to be remitted to a differently constituted tribunal for re-hearing on this one issue;
4. the cross-appeal will be stayed pending determination of the hearing before the tribunal.

Supperstone J
[2011] UKEAT 0115 – 11 – 2211
Bailii
Employment Rights Act 1996 98(4)
England and Wales

Employment

Updated: 11 November 2021; Ref: scu.449415