Case 3200552/2023 · Employment Tribunal
Mr Eric Bonsu v Royal Mail Group Limited — 2023
- Case reference
- 3200552/2023
- Decision date
- 3 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Palmer Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr Eric Bonsu
Respondent
Key findings
Tribunal's reasoningThe hearing concerned the Claimant's application for interim relief pending determination of his unfair dismissal complaint. The Claimant did not attend and asked for the hearing to be rescheduled because internal Royal Mail and CWU processes were ongoing. The tribunal treated that as a postponement application, found no special circumstances justifying postponement under section 162 TULRCA, and proceeded in his absence.
The Claimant alleged that his dismissal was unfair and that being a union representative contributed to it. The Respondent's position was that he was dismissed for gross misconduct after allegations that he called colleagues "traitors" during industrial action, which it regarded as abusive conduct rather than protected union activity.
For the interim relief application, the tribunal had to decide whether it was likely that the final tribunal would find the dismissal automatically unfair under section 152 TULRCA. It found that the Claimant had not shown a "pretty good chance" of establishing that the sole or principal reason for dismissal was union membership or activities. The tribunal therefore dismissed the interim relief application and made no order for reinstatement, re-engagement, or continuation of contract.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Trade union | The tribunal dismissed only the application for interim relief under sections 161 to 163 TULRCA. The underlying ordinary unfair dismissal and section 152 TULRCA unfair dismissal complaints were not finally determined. | Dismissed | — | — |
Legal tests applied
6 references- Section 152 TULRCA
- Sections 161 to 166 TULRCA
- Section 163(1) TULRCA
- Taplin v C Shippan Ltd [1978] ICR 1068
- Ministry of Justice v Sarfaz [2011] IRLR 562
- pretty good chance of success
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.
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