Claimant v Blossom HCG Limited
Outcome
Individual claims
This was an interim relief application under s.161 TULRCA claiming automatic unfair dismissal under s.152 for dismissal related to trade union membership or activities. The tribunal refused interim relief, finding the claimant did not have a 'pretty good chance' of success at full hearing. The tribunal concluded on a broad assessment that the reason for dismissal was the respondent's belief the claimant was sleeping on duty while caring for vulnerable adults, not her trade union membership or activities. A full merits hearing will determine the substantive claim.
Facts
The claimant was a care assistant working night shifts caring for vulnerable adults. She was dismissed after being found sitting in darkness with a blanket over her head during a routine management check on 23-24 October 2024. The respondent believed she was sleeping on duty, suspended her, conducted an investigation and disciplinary hearing, and dismissed her. The claimant alleged the real reason was her trade union membership and involvement of her union representative, citing previous issues in 2023-2024 regarding sleeping allegations and being removed from shifts in July 2024 for failing to complete mandatory training.
Decision
The tribunal refused the interim relief application. On a broad assessment of the material, the judge found the claimant did not have a 'pretty good chance' of success at a full hearing. The tribunal concluded the causation and reason for dismissal was the respondent's belief the claimant was sleeping on duty while supposed to be caring for vulnerable adults, not her trade union membership or activities.
Practical note
Interim relief applications under TULRCA s.161 require claimants to demonstrate a 'pretty good chance' of success - a very high hurdle - and tribunals will assess whether there is sufficient causation linking dismissal to protected trade union activities rather than the employer's stated reason.
Legal authorities cited
Statutes
Case details
- Case number
- 3312021/2024
- Decision date
- 17 March 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Care Assistant
Claimant representation
- Represented
- Yes
- Rep type
- union