Claimant v EMG Scotland Limited

This was an interim relief application under s161 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal refused the application, finding the claimant was not likely to succeed in showing he was constructively dismissed or that the principal reason for any dismissal was making use of trade union services. The tribunal found the employer's conduct did not meet the Malik test for breach of trust and confidence, and that different reasons were alleged for different aspects of the employer's conduct, meaning the principal reason was unlikely to be trade union related.

The claimant alleged constructive dismissal based on a series of events from October 2024 to March 2025, including emails raising work issues and the employer's refusal to communicate with his trade union representative. The tribunal found the claimant was not likely to prove the Malik test for breach of the implied term of trust and confidence was met. The employer was entitled to raise work issues and was not legally obliged to communicate with the union representative or allow them to attend non-disciplinary meetings.

The tribunal refused the application for interim relief, finding the claimant had not shown it was 'likely' (meaning a pretty good chance of success) that his claims would succeed at a full hearing. The tribunal was not satisfied the claimant could prove he was dismissed or that the principal reason was trade union activity.