Claimant v Brighton & Hove City Council
Outcome
Individual claims
This was an application for interim relief under s.163 TULR(C)A 1992, alleging dismissal for trade union membership or activities under s.152. The tribunal rejected the application, finding it was not 'likely' (a high bar meaning a pretty good chance of success) that a full tribunal would find the principal reason for dismissal was trade union activities. The tribunal found no evidence that the dismissing officer, Mr Hook, was motivated by anti-union sentiment, and concluded that the multiple allegations of misconduct relied upon for dismissal (including threatening staff, alleging he would 'break' staff members, shouting at counsellors) were likely to be found genuinely separable from legitimate trade union activities, falling outside the protection of s.152. The full merits claim remains to be determined.
Facts
The claimant was employed by Brighton & Hove City Council as a full-time GMB union convenor. He was dismissed following multiple allegations of misconduct including threatening staff members, alleging he would 'break' staff, shouting at counsellors, and other behaviours. The claimant applied for interim relief, arguing his dismissal was solely or principally for his trade union membership or activities. The respondent maintained the dismissal was for the alleged misconduct, which was genuinely separable from legitimate trade union activities.
Decision
Employment Judge Perry rejected the claimant's application for interim relief. The judge found it was not 'likely' (the high statutory test) that a full tribunal would conclude the principal reason for dismissal was trade union activities. There was no evidence that the dismissing officer was motivated by anti-union sentiment, and the multiple serious allegations of misconduct (threatening staff, aggressive behaviour towards councillors) were likely to be found genuinely separable from protected trade union activities under the Lyon/Burgess test.
Practical note
Interim relief applications for automatic unfair dismissal on trade union grounds face a very high bar: misconduct allegations that are wholly unreasonable, malicious or extraneous to legitimate union activities can be genuinely separable and fall outside s.152 protection, especially where multiple serious allegations exist and there is no evidence of anti-union animus by the decision-maker.
Legal authorities cited
Statutes
Case details
- Case number
- 2309588/2024
- Decision date
- 17 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- GMB convenor
Claimant representation
- Represented
- Yes
- Rep type
- barrister