Jet2.Com Ltd v. Denby (TRADE UNION RIGHTS) (Rev 1) [2017] UKEAT 0070_17_2510 (25 October 2017)

Jet2.Com Ltd v. Denby (TRADE UNION RIGHTS) (Rev 1) [2017] UKEAT 0070_17_2510 (25 October 2017)

The refusal to employ the Claimant was because of his activities as an advocate for BALPA, which were incidental to his trade union membership. Section 137(1)(a) TULRCA is to be interpreted broadly to include such activities, and the Employment Tribunal's reasoning and findings were adequate. The appeal is dismissed.

Citation
[2017] UKEAT 0070_17_2510
Parties
Claimant/appellant: Nick Denby; Respondent: Jet2.com Limited
Jurisdiction
United Kingdom
Judgment Date
25 October 2017
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Judgment Following Full Hearing
Outcome
Appeal dismissed
Legal Topics
Trade Union Rights, Refusal of Employment, Trade Union and Labour Relations (consolidation) Act 1992, Section 137(1)(a), Freedom of Association, Interpretation of 'membership', Adequacy of Tribunal Reasons
Employment Law Labour Law Human Rights Trade Union Rights Refusal of Employment Trade Union and Labour Relations (consolidation) Act 1992 Section 137(1)(a) Freedom of Association +2 more

Case Brief

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Parties

Nick Denby

Claimant/appellant

Jet2.com Limited

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Judgment Following Full Hearing

Legal Issues

  1. 1 Whether refusal of employment was because of trade union membership under section 137(1)(a) TULRCA
  2. 2 Proper interpretation of 'membership' for the purposes of section 137(1)(a)
  3. 3 Adequacy of Employment Tribunal's reasons for its decision

Ratio Decidendi

The refusal to employ the Claimant was because of his activities as an advocate for BALPA, which were incidental to his trade union membership. Section 137(1)(a) TULRCA is to be interpreted broadly to include such activities, and the Employment Tribunal's reasoning and findings were adequate. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The Employment Tribunal's decision is upheld.