Mr JP Morley v Lancashire County Council — 2022

The claimant, a UNISON shop steward employed by Lancashire County Council, represented a union member whose workplace complaint included an allegation that treatment was underpinned by racism. The tribunal found that his support and representation of that member was a protected act for the purposes of the Equality Act 2010.

The successful allegations arose from email correspondence in January 2020. The tribunal found that Ms Barrow's email linked the claimant's conduct in representing the member with the arrangements for time off for union duties, referred to raising the matter with the claimant's branch secretary, and suggested possible further action. The tribunal inferred that this was not purely a workplace conduct issue separable from the claimant's representation role. It found the email subjected the claimant to a detriment for the sole or main purpose of preventing, deterring or penalising trade union activity, and also because he had done a protected act.

The tribunal dismissed the other allegations. It found no sufficient causal link or detriment in relation to the refusal of a secondment opportunity, delays and conduct of the grievance and appeal process, comments made during the grievance investigation, annotations by Ms Lowry, disclosure to Ms Cotterell, alleged financial loss, reduced casework, or Ms Barrow's comment that the claimant was a "militant character". The case was listed for a separate remedy hearing, so no monetary award was made in this judgment.