Mr L Breen v Royal Mail Group Limited — 2023

The claimant was employed by Royal Mail Group Limited as a driver and was a CWU member and branch vice chairman. He was summarily dismissed on 23 November 2022 and applied for interim relief, asserting that the reason for dismissal was his CWU membership or participation in trade union activities, including acting as a picket supervisor. The respondent said the dismissal related to conduct, including alleged aggressive and intimidating behaviour towards two colleagues and a security guard.

The tribunal treated the application as requiring a summary predictive assessment of whether it was likely that, at the final hearing, the tribunal would find that the reason or principal reason for dismissal was trade union membership or trade union activities at an appropriate time. The claimant relied on alleged unfairness in the disciplinary process, the industrial dispute, and CWU material alleging a wider policy of suspending or dismissing members and representatives.

The tribunal concluded that the claimant had not discharged the burden required for interim relief. It found that, on the material before it, it could not say it was likely that the final tribunal would resolve the factual dispute about trade union activities in the claimant's favour, or that it would find the reason or principal reason for dismissal was trade union membership or participation in trade union activities. The application for interim relief was refused.