Morris v Metrolink RATP DEV Ltd

Morris v Metrolink RATP DEV Ltd

The appellant's conduct in storing and sharing the diary information was not sufficiently culpable or separable from his trade union activities to justify dismissal outside the protection of section 152; the dismissal was therefore automatically unfair and also unreasonable under section 98.

Parties
Appellant: Stephen Morris; Respondent: Metrolink RATP Dev Ltd
Jurisdiction
England and Wales
Judgment Date
14 June 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; Employment Tribunal decision restored.
Legal Topics
Unfair Dismissal, Trade Union Activities, Automatic Unfair Dismissal
Employment Law Unfair Dismissal Trade Union Activities Automatic Unfair Dismissal

Case Brief

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Parties

Stephen Morris

Appellant

Metrolink RATP Dev Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's dismissal was for taking part in trade union activities under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the conduct of storing and sharing confidential information was fairly separable from trade union activities
  3. 3 Whether the dismissal was reasonable under section 98 of the Employment Rights Act 1996

Ratio Decidendi

The appellant's conduct in storing and sharing the diary information was not sufficiently culpable or separable from his trade union activities to justify dismissal outside the protection of section 152; the dismissal was therefore automatically unfair and also unreasonable under section 98.

Court Disposition

Appeal allowed; Employment Tribunal decision restored.

Orders

  • The appellant's dismissal is declared unfair under section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992 and section 98 of the Employment Rights Act 1996.
  • Remedy judgment awarding compensation is restored.