EAT Trade Union Rights : Action Short of Dismissal Detriment and dismissal
Employment Tribunal failed to consider Respondent’s explanations for detrimental treatment/principal reason for dismissal on the causation issues in s.146 and 152 Employment Rights Act 1996 in relation to participation in the activities of an independent trade union at an appropriate time; erred in its approach to the burden of proof; took too broad brush an approach to the trade union activities in question, failing to address whether they were at an ‘appropriate time’; and drew inferences without proper evidential basis to support them. Case remitted to differently constituted ET for fresh consideration.
Simler DBE J
[2014] UKEAT 0027 – 14 – 1408
Bailii
Employment Rights Act 1996 146 152
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.536001