The appellant had been a ‘trainer manager’ involving presentations at induction courses. He was also a shop steward of a recognised trade union. At the induction course he was also permitted to give a presentation about the union. At the particular induction course in question the appellant had made disparaging remarks about the company and accepted that he had gone ‘well over the top’. Bass took exception to his remarks. It demoted him from the position of trainer in circumstances amounting to a constructive dismissal. The Tribunal rejected his claim under section 152 and found that the reason for the dismissal related to Mr Burgess’ conduct in abusing the privilege given to him by his employers to use the meeting as a recruitment forum. The EAT allowed his appeal and substituted a finding that the dismissal was on the grounds of trade union activities.
Held: The company’s appeal failed. it was not a permissible option for the Industrial Tribunal to find that dismissal was other than for trade union activities. The implied limitation on those activities contended for by the employer was unsustainable.
However, Pill LJ said: ‘I would add that in dealing with the facts of this case, I am very far from saying that the contents of a speech made at a trade union recruiting meeting, however malicious, untruthful or irrelevant to the task in hand they may be, come within the term ‘trade union activities’ in s.58 of the Act.’
Judges:
Balcombe, Pill LJJ, Sir Ralph Gibson
Citations:
[1995] EWCA Civ 40, [1995] IRLR 596
Links:
Statutes:
Trade Union and Labour Relations (Consolidation) Act 1992 152 192
Jurisdiction:
England and Wales
Citing:
Appeal from – Burgess v Bass Taverns Ltd EAT 2-Feb-1994
The Tribunal was asked whether the appellant was acting in the course of being a trade union representative at the time when he was dismissed. There was a finding that he was unfairly dismissed but the Appellant complained there had been no finding . .
Cited by:
Applied – Mihaj v Sodexho Ltd EAT 23-May-2014
EAT Trade Union Rights : Interim Relief – An Employment Judge dismissed the Claimant’s application for interim relief under Trade Union and Labour Relations (Consolidation) Act 1992 section 161. The Employment . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 27 October 2022; Ref: scu.259342