North Essex Partnership NHS Foundation Trust v Bone: EAT 10 Jul 2014

EAT Trade Union Rights : Action Short of Dismissal – PRACTICE AND PROCEDURE – Costs
The claimant, a member of WEU an independent trade union, made 21 claims of detriment for taking part in its activities, and for race discrimination against him as an Englishman. He succeeded on only four, against which the Respondent appealed. The EAT considered analytically the ET’s reasoning on each of the four trade union claims and found errors of approach in each one. On the findings there was no reason to remit the claims to the ET and they were dismissed.
The Respondent was ordered to pay part of the Claimant’s costs in the EAT since it should not have argued that the union was not independent of its influence.

McMullen QC J
[2014] UKEAT 0352 – 12 – 1007
England and Wales
See AlsoNorth Essex Partnership NHS Foundation Trust v Bone EAT 30-Sep-2013
EAT Does the certificate of independent of the trade union given on 27 June 2013, for which the EAT had by statute to stay the instant appeal, provide protection to the Claimant for his activities and membership . .
Remitted fromBone v North Essex Partnership NHS Foundation Trust CA 15-May-2014
The claimant said that he was the representative of members of the Workers of England Trade Union at the respondent hospital. He claimed detriment, but the empoyer denied that it was an independent union allowing him protection under the Act. Since . .

Cited by:
Appeal fromBone v North Essex Partnership NHS Foundation Trust CA 1-Feb-2016
The appellant was a political activist in the ‘Workers of England Union’ and a nurse employed by the respondent. He alleged race discrimination, and detriment for his membership of what he said was an independent trade union, saying that the . .

Lists of cited by and citing cases may be incomplete.


Updated: 20 December 2021; Ref: scu.536000