TRADE UNION MEMBERSHIP
The Respondent below appealed against the Judgment of the Employment Tribunal (‘ET’) upholding the Claimant’s claim that he was subjected to a detriment for the sole or main purpose of penalising him for his trade union activities contrary to section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The appeal was upheld. The ET had erred in its application of section 146 in that it did not set out the correct test of ‘sole or main purpose’, and its analysis did not focus on the factors operating on the minds of the relevant decision-makers; instead it based much of its analysis on the acts and omissions of others. Furthermore, several of the key findings of fact relied upon by the ET were unsupported by the evidence and/or were based on irrelevant considerations. For these reasons, it was concluded that the ET reached a decision as to the motivation of the Respondent that was not supported by its own findings of fact.
Citations:
[2019] UKEAT 0152 – 18 – 3001
Links:
Jurisdiction:
England and Wales
Employment
Updated: 18 June 2022; Ref: scu.635817
