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 that the principal reason for his dismissal was that he had taken part in the activities of an independent ‘at an appropriate time’ and in the circumstances such dismissal was unfair.
Held: Having regard to the provisions of Section 152, to which we have referred, this might not be an artificial dismissal for trade union reasons but what the Appellant was doing at the time was acting in a trade union capacity in a way which protected him under Section 192 against dismissal.
Judges:
D M Levy QC
Citations:
[1994] UKEAT 409 – 93 – 0202
Links:
Statutes:
Trade Union & Labour Relations (Consolidation) Act 1992 152 192, Employment (Protection and Consolidation) Act 1978 58
Cited by:
Appeal from – Burgess v Bass Taverns Ltd CA 31-Mar-1995
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 June 2022; Ref: scu.209685