Mr J Stevenson v DHL Services Limited — 2021

The claimant, a Stock Handler and USDAW representative, was given a verbal warning after two Facebook posts made while he was on furlough. He alleged detriment under section 146(1)(b) TULRCA, saying the warning was for the sole or main purpose of preventing, deterring, or penalising him in relation to activities of an independent trade union at an appropriate time.

The tribunal found that the 1 May 2020 post had no reasonable prospect of being found to be an activity of a trade union. It found that the 5 May 2020 post, which referred to information obtained from the union about possible shift changes, had little reasonable prospect of being found to be such an activity, but did not strike out the case on that basis alone.

The claims were struck out because the tribunal found no reasonable prospect of showing that the respondent's sole or main purpose in giving the verbal warning was to prevent, deter, or penalise trade union activity. Taking the claimant's case at its highest, the tribunal considered the disciplinary manager's concern to be the respondent's reputation in relation to work-related Facebook posts, with both posts treated equally or without differentiation.