Gayle v Sandwell and West Birmingham Hospitals NHS Trust: CA 28 Jul 2011

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 claimant said the warning had arisen through her conduct of trades union duties.
Held: The appeal was dismissed. The employment tribunal had considered the complaint underlying the warning, and had found it to arise from a refusal to discuss the topic.
The court considered criticisms of the tribunal system, in particular as to delay, acknowledging the fault in some cases but pointing out that these faults did not reflect the large majority of cases.

Judges:

Mummery LJ

Citations:

[2011] EWCA Civ 924

Links:

Bailii

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 146

Jurisdiction:

England and Wales

Citing:

Appeal fromGayle v Sandwell and West Birmingham Hospitals NHS Trust EAT 16-Apr-2010
EAT TRADE UNION RIGHTS – Action short of dismissal
VICTIMISATION DISCRIMINATION – Other forms of victimisation
The Employment Tribunal did not err in failing to determine the Appellant’s claim under . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 17 September 2022; Ref: scu.442252