Mr A Dunn v CGB Humbertherm Ltd. — 2022

Mr Dunn attended the hearing on 5 April 2023 but left after raising the issue of recording, and the tribunal proceeded in his absence. It heard evidence from Richard Staves and considered the claimant's witness statement and the documentary bundle. The tribunal found that CGB Humbertherm used a mix of directly employed staff and agency workers, and that in June 2021 Richard Staves asked Alpha Recruitment for agency workers for work at Keadby Power Station.

The tribunal found that Alpha Recruitment provided a list of 19 names, including 11 thermal insulation engineers. Only four were shown as having the required CCNSG safety card, and the information given to Mr Staves indicated that Mr Dunn did not have that card. The tribunal accepted Mr Staves' evidence that he selected two other workers because they had the card and were known to the respondent from previous work. It also accepted his evidence that he had no knowledge of the claimant's trade union membership before the claim was presented.

The section 137 TULRCA 1992 claim failed on limitation because the tribunal found it was presented about five or six months late and there was no evidence that it had not been reasonably practicable to present it within three months. The tribunal therefore held that it had no jurisdiction to hear that claim. It also found that, even if jurisdiction had existed, the claimant had not established facts from which it could conclude that the refusal to employ him was because of his trade union membership, and the respondent had shown that the decision was not made for that reason.

The tribunal also recorded that there was no evidence of any claim of detriment on the ground of making a protected disclosure. For those reasons, the tribunal unanimously dismissed the claim.