North West Ambulance Service NHS Trust v Rice [2019] UKEAT 0152_18_3001 (30 January 2019)

North West Ambulance Service NHS Trust v Rice [2019] UKEAT 0152_18_3001 (30 January 2019)

The Employment Tribunal erred in law by failing to apply the correct statutory test under section 146(1)(b), did not focus on the motivations of the actual decision-makers, relied on findings not supported by evidence or not relevant to the grievance panel's decision, and committed procedural irregularities. The...

Source-derived case information.

Citation
[2019] UKEAT 0152_18_3001
Parties
Claimant: Claimant (Name not specified); Respondent: Respondent (NHS Trust)
Jurisdiction
United Kingdom
Judgment Date
30 January 2019
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision set aside
Legal Topics
Trade Union Activities, Detriment, Section 146 Trade Union and Labour Relations (consolidation) Act 1992, Procedural Fairness, Burden of Proof
Employment Law Trade Union Activities Detriment Section 146 Trade Union and Labour Relations (consolidation) Act 1992 Procedural Fairness Burden of Proof

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Parties

Claimant (Name not specified)

Claimant

Respondent (NHS Trust)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test under section 146(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 regarding detriment for trade union activities
  2. 2 Whether the Tribunal's findings were supported by evidence and relevant to the decision-makers' motivations
  3. 3 Whether there was a serious procedural irregularity or perversity in the Tribunal's reasoning

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the correct statutory test under section 146(1)(b), did not focus on the motivations of the actual decision-makers, relied on findings not supported by evidence or not relevant to the grievance panel's decision, and committed procedural irregularities. The Tribunal's conclusion that the claimant was penalised for trade union activities cannot stand.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside

Orders

  • Matter remitted for rehearing by a differently constituted Employment Tribunal