Hardaker v Iron & Steel Trades Confederation [1995] UKEAT 1203_94_0205 (2 May 1995)

Hardaker v Iron & Steel Trades Confederation [1995] UKEAT 1203_94_0205 (2 May 1995)

The dismissal was due to the employee's misconduct and breakdown of trust and confidence, not due to union membership or protected activities. The employer's actions were within the range of reasonable responses, and statutory protections for union members did not apply to the employee's conduct as an employee.

Citation
[1995] UKEAT 1203_94_0205
Parties
Employer: Iron and Steel Trades Confederation; Employee/appellant: Unnamed Employee
Jurisdiction
United Kingdom
Judgment Date
02 May 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Trade Union Membership, Disciplinary Procedures, Breakdown of Trust and Confidence
Employment Law Labour Law Unfair Dismissal Trade Union Membership Disciplinary Procedures Breakdown of Trust and Confidence

Case Brief

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Parties

Iron and Steel Trades Confederation

Employer

Unnamed Employee

Employee/appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal was unfair under employment law
  2. 2 Whether the dismissal was contrary to Section 152 of the Employment Protection (Consolidation) Act 1992 (union-related dismissal)
  3. 3 Whether the employee was unjustifiably disciplined or disadvantaged contrary to Section 66 of the 1992 Act

Ratio Decidendi

The dismissal was due to the employee's misconduct and breakdown of trust and confidence, not due to union membership or protected activities. The employer's actions were within the range of reasonable responses, and statutory protections for union members did not apply to the employee's conduct as an employee.

Court Disposition

appeal dismissed