Case 2225841/2024 · Employment Tribunal
(1) Ian Methven (2) Michael Eatwell (3) Louisa Bull v Unite the Union — 2025
- Case reference
- 2225841/2024
- Decision date
- 1 August 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Representation Claimants
- Venue
- London Central
Parties
2 namedClaimant
(1) Ian Methven (2) Michael Eatwell (3) Louisa Bull
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing on the respondent's applications to strike out claims or, alternatively, for deposit orders. The tribunal refused all strike out applications. It held that the respondent had not shown that section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 could not in principle apply where Unite was both the employer and the independent trade union relied on by the claimants.
For the trade union detriment claims, the tribunal found that lodging collective grievances through the ONC could potentially be an activity of Unite as an independent trade union, so no strike out or deposit order was made on that argument. It found that the claimants had little reasonable prospect of showing that implementing a motion for the ONC to join another union, or supporting an unsuccessful candidate in Unite's General Secretary election, were activities of Unite itself. Deposit orders of £500 were made for those arguments.
For the harassment complaints, the tribunal held that the first two claimants' allegations about Andy Green's email and related conduct were fact sensitive and could not be disposed of at this stage. It also held that political belief can qualify as a protected philosophical belief, and that it could not conclude on the material before it that belief in moderate left-wing socialism had little reasonable prospect of protection under section 10 Equality Act 2010.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | Preliminary hearing on the respondent's applications for strike out or deposit orders. Strike out was refused. Deposit orders were made for arguments that seeking to implement an ONC motion to join another union was an activity of Unite, and that supporting an unsuccessful candidate in Unite's General Secretary election was an activity of Unite; the underlying section 146 claim was not finally determined. | Other | — | — |
| Harassment | The first two claimants' harassment complaint related to sex was not finally determined. The tribunal refused strike out and deposit order applications, finding the complaint was fact sensitive and did not have no or little reasonable prospect of success. | Other | Sex | — |
| Harassment | The harassment complaint related to belief in moderate left-wing socialism was not finally determined. The tribunal refused strike out and deposit order applications, finding it could not conclude at this stage that the claimants had little reasonable prospect of showing the belief was protected or that the alleged conduct was related to belief. | Other | Religion or belief | — |
Legal tests applied
16 references- rule 38(1)(a)
- rule 40(1)
- Hasan v Tesco Stores Ltd
- Mechkarov v Citibank N.A
- Anyanwu v South Bank Students Union
- Amber v West Yorkshire Fire and Rescue Service
- H v Ishmail
- section 146 Trade Union and Labour Relations (Consolidation) Act 1992
- Chant v Aquaboats Ltd
- section 26(1) Equality Act 2010
- section 10 Equality Act 2010
- Grainger plc and ors v Nicholson
- General Municipal and Boilermakers Union v Henderson
- Bakkali v Greater Manchester (South) t/a Stage Coach Manchester
- Carozzi v University of Hertfordshire
- Worcestershire Health and Care NHS Trust v Allen
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.
How we got this data
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