Mr P Emmerson v Northern Gas Networks Limited — 2022

The tribunal found that the claimant, Mr P Emmerson, was a long-serving HGV driver, GMB workplace representative and health and safety representative at Northern Gas Networks. The dispute began in April 2020 when the respondent proposed a temporary change to working arrangements during the pandemic. The claimant challenged the mechanism through the GMB, the union wrote to HR describing the matter as an industrial dispute, and the tribunal found that executive management was irritated by the way site management had approached the issue.

After that April 2020 dispute, the tribunal found that the claimant was subjected to closer scrutiny over standby shifts and other aspects of his work. It upheld detriment complaints where management required approval for certain standby give-aways, removed him from the Grab Wagon on 4 September 2020, failed to implement the proposed rota sharing Grab Wagon duties, delayed giving him a single reporting manager, said on 4 March 2021 that he was "only doing all this to strengthen your case", and imposed a "like for like" restriction on standby swaps in January to March 2021. The tribunal rejected other alleged detriments, including the claim that he was told on 8 June 2020 that he needed management approval before any give-away, the allegation that Mr O'Brien became angry, and some of the grievance-recommendation complaints.

On purpose, the tribunal held that the main reason for the relevant standby and Grab Wagon detriments was the claimant's role in the April 2020 union dispute, not purely operational reasons. It found that the respondent had failed to show that its treatment on standbys was merely day-to-day management and that the removal from the Grab Wagon was driven by irritation caused by the claimant's trade union activity. The tribunal therefore upheld the s.146 TULRA 1992 claim in part and dismissed the health and safety claim under s.44 ERA 1996, holding that the March 2021 banksman disagreement was not treatment on health and safety grounds.

For remedy, the tribunal accepted the claimant's evidence about impact and assessed injury to feelings at £15,000, placing the case in the lower range of the middle Vento band. It awarded 8% interest of £2,160, producing a total award of £17,160. The tribunal did not award aggravated or exemplary damages and recorded that the claimant remained employed and had not proved financial loss.