Claimant v Unite the Union
Outcome
Individual claims
This was a preliminary hearing on strike-out and deposit order applications. The tribunal refused to strike out the claims that the respondent, as both employer and independent trade union, subjected employees to detriment for taking part in trade union activities, finding the claimants had a reasonable prospect of success on some (but not all) of the alleged activities.
Preliminary hearing only. The tribunal found that the first two claimants had a reasonable prospect of establishing that an email alleging sexism and misogyny constituted harassment related to sex, noting the assessment would be fact-sensitive and depend on wider context and the claimants' perception.
Preliminary hearing only. The tribunal refused to strike out or order deposits on harassment claims related to belief in moderate left-wing socialism, finding the claimants had a reasonable prospect of establishing this as a protected philosophical belief and that the conduct complained of related to it.
Facts
Three employees of Unite the Union brought claims of detriment for trade union activities and harassment. The unusual feature was that they claimed their employer (Unite) had subjected them to detriments for taking part in activities of an independent trade union (also Unite). They alleged detriments relating to: lodging collective grievances via the Officers National Committee, implementing a motion for the ONC to join another union, and supporting an unsuccessful candidate in Unite's General Secretary election. Two claimants also claimed harassment related to sex and belief in moderate left-wing socialism, arising from an email alleging sexism and misogyny. Unite applied to strike out the claims or for deposit orders.
Decision
The tribunal refused to strike out any claims, finding the claimants had a reasonable prospect of success on most allegations. However, deposit orders of £500 each were made against specific arguments: that implementing a motion for the ONC to leave Unite was a trade union activity of Unite itself, and that supporting an unsuccessful General Secretary candidate was a Unite trade union activity. The tribunal found these particular arguments had little reasonable prospect of success but allowed the other claims to proceed to full hearing.
Practical note
An employer which is also a trade union can in principle be subject to claims under s.146 TULRCA 1992 by its own employee-members, but not all activities of union members are necessarily 'activities of the independent trade union' — the test is fact-sensitive and actions contrary to the union's interests are unlikely to qualify.
Legal authorities cited
Statutes
Case details
- Case number
- 2225841/2024
- Decision date
- 25 July 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Unite the Union
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister