Claimant v DHL International (UK) Limited
Outcome
Individual claims
Claim under section 94 ERA for ordinary unfair dismissal remains to be determined at final hearing listed for 11 November 2024. Interim relief application was denied.
Claim under section 152 TULRCA for dismissal for taking part in activities of independent trade union (GMB). Tribunal found claimant had not established it was likely to succeed at final hearing, as respondent provided detailed alternative explanation relating to breakdown of trust and confidence. Full merits remain to be determined.
Claim under section 100 ERA for automatic unfair dismissal as health and safety representative. Tribunal noted claimant provided no evidence he was a health and safety representative and this was barely mentioned in the claim. Full merits remain to be determined.
Application for interim relief under sections 128-129 ERA dismissed. Tribunal found claimant had not established it was 'likely' that final hearing would find dismissal was for trade union or health and safety reasons. Claimant's evidence was 'scant' while respondent provided detailed explanation of dismissal for breakdown of trust and confidence relating to: libel action against manager, inappropriate email to junior colleague, and refusal to engage with manager in May 2024.
Facts
Claimant was employed as a driver by DHL for 14 years from June 2010 until dismissal on 2 July 2024. He was a GMB trade union member who had completed representative training and was recruiting members. Respondent cited breakdown of trust and confidence based on three incidents: claimant bringing struck-out libel claim against manager personally (ordered to pay £8,000 costs), sending inappropriate 'without prejudice' email to junior colleague about holiday request, and refusing to engage with manager in May 2024 informal investigation while threatening further legal action.
Decision
This was a preliminary hearing on interim relief application which was dismissed. Judge Hutchinson found the claimant had not established it was 'likely' the tribunal would find at final hearing that the reason for dismissal was trade union or health and safety activities. The claimant's evidence was 'scant' with no clear link between trade union activities and dismissal, while the respondent provided detailed alternative explanation. Full merits hearing listed for 11 November 2024.
Practical note
Interim relief applications require substantial evidence establishing a clear causal link between protected activities and dismissal; vague assertions of trade union membership without demonstrating connection to dismissal reason will fail against detailed employer evidence of alternative conduct-based reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 2601074/2024
- Decision date
- 4 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Driver
- Service
- 14 years
Claimant representation
- Represented
- Yes
- Rep type
- union