EAT Trade Union Rights : Interim Relief
The Claimant’s claim was brought for unfair dismissal contrary to s152(1)(b) TULR(C)A 1992 (trade union activity) and Schedule A1 para 161(2)(a) (acting to secure union recognition).
An application for interim relief under s161 TULR(C)A 1992 and s128 ERA 1996 was supported by requisite certificates by TU officials.
Relief granted by Employment Judge.
Respondent’s (employer’s) appeal.
Appeal dismissed.
Judge applied the right test. In the context of a summary hearing, he made the required decision as to how matters ‘appeared’ to him. His finding that the Claimant was ‘likely’ to succeed in the underlying claim was not perverse and had been reached applying the correct principles.
Judges:
Luba QC
Citations:
[2013] UKEAT 0013 – 13 – 2203
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.472851