Mr S Fleming v North Bristol NHS Trust — 2019

The claimant, a porter and active Unison representative, took up the role of acting Branch Secretary from December 2017. The tribunal found that an agreement had been reached in November 2017 for him to have facilities time Tuesday to Thursday during core business hours, to work remaining hours on Mondays and Fridays, and to receive normal pay calculated by reference to average previous earnings. The tribunal preferred the evidence of the claimant and Ms Cook where there was a dispute.

The respondent later offered arrangements that would reduce or limit the claimant's enhancements, including options that would require weekend work or stepping down from his trade union role to preserve his financial position. The tribunal found that the claimant suffered financial detriment of about £150 per month from 26 February 2018 and that the respondent had failed to deal properly or at all with the formal dispute raised by the union.

Applying the questions identified in Yewall, the tribunal found deliberate acts or omissions by the respondent, detriment to the claimant, that the acts or omissions were in time, and that the claimant had established a prima facie case that they were for a proscribed purpose under section 146. The respondent did not satisfy the tribunal once the onus transferred. The tribunal also found a series of unauthorised deductions from wages under section 13 ERA 1996.