Mr D Morgan v Morrison Data Services Limited — 2021

The tribunal found that the claimant was a GMB Workplace Organiser, that the GMB was an independent trade union recognised by the respondent, and that the respondent's facilities agreement recognised the union in respect of health and safety matters. It found that health and safety matters formed part of the claimant's role as a Workplace Organiser, including liaising about health and safety issues, conducting audits, receiving reports or referrals from members, and potentially substituting at National Staff Council meetings where such matters could be discussed.

The tribunal found that the two week Health and Safety Part 2 course was approved by the GMB and relevant to the claimant's trade union duties. It rejected the respondent's stated reliance on operational requirements, finding that the decision-maker had not checked the claimant's specific work area or circumstances and that the real reason for refusal was that she did not consider the course relevant to the claimant's role because he was not on the National Staff Council or Health and Safety committee.

Applying section 168 TULR(C)A, the tribunal concluded that it was reasonable in all the circumstances for the claimant to take the requested paid time off over two separate weeks. The complaint succeeded, and the tribunal awarded three weeks' pay, calculated from gross weekly pay of £391.15, for a total of £1,173.43.