in person For the v Respondent — 2023

The tribunal recorded that the claimant brought claims of ordinary unfair dismissal, automatic unfair dismissal related to trade union activity, trade union detriment, and wrongful dismissal. The ordinary unfair dismissal claim succeeded. The judgment stated that remedy had not yet been determined and directed the parties to confirm whether remedy had been agreed or to propose directions for a remedy hearing.

The trade union claims were dismissed. For the section 146 detriment claim, the tribunal accepted the respondent's explanation that there were practical difficulties in organising the appeal and found no fact from which it could infer that any reason for the delay was connected with the claimant's trade union activity. It also dismissed the section 152 automatic unfair dismissal claim.

On contribution and wrongful dismissal, the tribunal found no basis to treat the claimant's alleged 2018 or 2019 actions as blameworthy. As to the 6 March 2020 incident, it found minor contact involving the claimant's leg and a box carried by another employee, and found the claimant had not attempted to kick the box or the other employee. It concluded that minor contact caused by rudeness or pettiness was not sufficient to establish a repudiatory breach, so the wrongful dismissal claim succeeded.