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 Judge erred in determining that an Employment Tribunal at a liability hearing would not be likely to find that the Claimant was dismissed for taking part in trade union activities. He erred in so deciding on the basis that it was not likely that the Tribunal would find that the true reason for the dismissal was the activity as opposed to the way in which it was carried out. Absent certain features not present in this case, the way in which trade union activities are carried out is not material to the question of whether they fall within the scope of sections 161 and 152. Bass Taverns Ltd v Burgess [1995] IRLR 596 applied.
Dlade DBE J
[2014] UKEAT 0139 – 14 – 2305
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 161
England and Wales
Citing:
Applied – 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: 04 December 2021; Ref: scu.526528
