Beaver Management Services Ltd v Acheson (Trade Union Rights : Action short of dismissal) [2012] UKEAT 0268_11_1406 (14 June 2012)

Beaver Management Services Ltd v Acheson (Trade Union Rights : Action short of dismissal) [2012] UKEAT 0268_11_1406 (14 June 2012)

The site manager acted as agent for the Respondent in withdrawing the employment offer on trade union grounds, rendering the refusal unlawful under section 137(1)(a) of the 1992 Act. However, the subsequent dismissal for redundancy was not automatically unfair as the selection was based on the LIFO principle and not trade union grounds.

Citation
[2012] UKEAT 0268_11_1406
Parties
Respondent: Beaver Management Services Ltd; Claimant/appellant: Steven Acheson
Jurisdiction
United Kingdom
Judgment Date
14 June 2012
Procedural Posture
Employment Tribunal Appeal / Full Hearing of Appeal and Cross Appeal
Outcome
Both appeal and cross-appeal dismissed.
Legal Topics
Trade Union Rights, Automatic Unfair Dismissal, Agency, Redundancy, Labour Relations
Employment Law Trade Union Rights Automatic Unfair Dismissal Agency Redundancy Labour Relations

Case Brief

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Parties

Beaver Management Services Ltd

Respondent

Steven Acheson

Claimant/appellant

Procedural Posture

Employment Tribunal Appeal / Full Hearing of Appeal and Cross Appeal

Legal Issues

  1. 1 Whether site manager acted as agent for Respondent in withdrawing offer of employment on trade union grounds
  2. 2 Whether subsequent dismissal for redundancy was automatically unfair under trade union legislation

Ratio Decidendi

The site manager acted as agent for the Respondent in withdrawing the employment offer on trade union grounds, rendering the refusal unlawful under section 137(1)(a) of the 1992 Act. However, the subsequent dismissal for redundancy was not automatically unfair as the selection was based on the LIFO principle and not trade union grounds.

Court Disposition

Both appeal and cross-appeal dismissed.

Orders

  • No relief granted; original Tribunal decision upheld.