Claimant v Select Service Partner UK Limited
Outcome
Individual claims
The tribunal had no jurisdiction to hear the interim relief application because the claimant failed to present the mandatory certificate from an authorised trade union official within 7 days of dismissal as required by s.161(3) TULRCA. The claimant also did not attend the hearing despite being given reasonable notice and no special circumstances justified postponement.
The claim for automatic unfair dismissal relating to trade union activities could not proceed as an interim relief application because the mandatory trade union certificate was not provided. Even if jurisdiction existed, the tribunal found no evidence of trade union hostility and concluded the claimant had no 'pretty good chance' of success, as the respondent had extensive documentation showing a fair capability dismissal after nearly 4 years of sickness absence and multiple attempts at engagement.
Facts
The claimant, a Night Shift Team Member employed from July 2015 to June 2024, was dismissed for long-term ill-health capability. He had been absent from work since August 2020, nearly 4 years. The respondent attempted extensive engagement, offered reasonable adjustments including phased return and prescription goggles, and conducted multiple welfare meetings. The claimant claimed his dismissal was due to trade union activities and membership with the RMT, citing a December 2023 complaint about a data request being treated as a subject access request. He applied for interim relief but did not attend the hearing, requesting postponement at the last minute for caring responsibilities and medical appointments.
Decision
The tribunal refused the interim relief application on jurisdictional grounds because the claimant failed to provide the mandatory trade union certificate required by s.161(3) TULRCA within 7 days of dismissal. The tribunal also refused to postpone the hearing, finding no special circumstances justified delay. Even if jurisdiction existed, the tribunal would have refused the application because the claimant had no 'pretty good chance' of success—there was no evidence of trade union hostility and extensive documentation supported a fair capability dismissal after prolonged sickness absence.
Practical note
Interim relief applications for trade union-related dismissals are strictly jurisdictional: failure to obtain and submit the mandatory trade union certificate within 7 days is fatal to the application, and tribunals have no discretion to waive this requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6003755/2024
- Decision date
- 2 September 2024
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Night Shift Team Member
- Service
- 9 years
Claimant representation
- Represented
- No