Cases2501757/2024

Claimant v Middlesbrough Council

21 April 2025Before Employment Judge SweeneyNewcastleremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

Interim relief application granted under section 161 TULRCA. Tribunal found it likely that dismissal was automatically unfair under section 152 TULRCA (dismissal related to trade union activities or membership). Full merits hearing yet to determine final outcome.

Facts

The claimant was dismissed on 22 July 2024. He brought a claim for automatic unfair dismissal under section 152 TULRCA, alleging dismissal related to trade union activities or membership. He applied for interim relief under section 161 TULRCA. The respondent council stated it was unwilling to reinstate or re-engage the claimant.

Decision

The tribunal granted interim relief, finding it likely that the dismissal was automatically unfair under section 152 TULRCA. As the respondent refused reinstatement or re-engagement, the tribunal ordered continuation of the claimant's contract with ongoing payment of £3,185 gross per month until final determination or settlement.

Practical note

Interim relief applications under TULRCA for trade union-related dismissals can secure contract continuation and ongoing pay pending full hearing if the tribunal finds likely success on a preliminary basis.

Legal authorities cited

Statutes

TULRCA 1992 s.161TULRCA 1992 s.164(1)TULRCA 1992 s.152TULRCA 1992 s.163(2)(b)

Case details

Case number
2501757/2024
Decision date
21 April 2025
Hearing type
interim relief
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
solicitor

Employment details

Salary band
£30,000–£40,000

Claimant representation

Represented
Yes
Rep type
union