Case 1311184/2024 · Employment Tribunal
Farhea Mohammed & Others (see list attached) v Grocery Delivery E-Services UK Ltd t/as Hellofresh — 2024
- Case reference
- 1311184/2024
- Decision date
- 13 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow
Parties
2 namedClaimant
Farhea Mohammed & Others (see list attached)
Key findings
Tribunal's reasoningAt a public preliminary hearing, the tribunal granted the claimants' application, by consent, to amend the claim form to include ordinary unfair dismissal under section 94 of the Employment Rights Act 1996. The tribunal dismissed the respondent's application to dismiss the interim relief application on procedural-defect grounds.
The tribunal then dismissed the claimants' interim relief application under section 128 ERA 1996 and section 161 TULR(C)A. It did not appear likely that the tribunal would find the claimants had been unfairly dismissed for the asserted qualifying reasons relating to trade union membership under section 152 TULR(C)A.
The tribunal struck out the unfair dismissal claims under section 237 TULR(C)A and Rule 37, finding they had no reasonable prospect of success. On the evidence before it, the tribunal concluded there was an unofficial strike or concerted stoppage of work, the claimants took part, and it continued until the dismissal date of 9 October 2024.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal granted an amendment to include ordinary unfair dismissal under section 94 ERA 1996, then struck out the unfair dismissal claims under section 237 TULR(C)A and Rule 37 because they had no reasonable prospect of success. | Struck out | — | — |
| Trade union | The claimants' interim relief application under section 128 ERA 1996 and section 161 TULR(C)A, relating to alleged unfair dismissal for trade union membership reasons under section 152 TULR(C)A, was dismissed. | Dismissed | — | — |
Legal tests applied
6 references- section 94 Employment Rights Act 1996
- section 128 Employment Rights Act 1996
- section 161 Trade Union and Labour Relations (Consolidation) Act 1992
- section 152 Trade Union and Labour Relations (Consolidation) Act 1992
- section 237 Trade Union and Labour Relations (Consolidation) Act 1992
- Rule 37 Tribunal Rules of Procedure
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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