Mr A Sochon Mr J Parsley Mr P Stead Mr K Wright v The Felixstowe Dock and Railway Company — 2023

The claimants brought complaints arising from a 2022 pay dispute. In this judgment the tribunal considered only the respondent's application to strike out the complaints under s. 146(1)(b) and s. 152(1)(b) TULR(C)A 1992, which relied on participation in industrial action and related picket-line activity as the trade union activities in issue.

The tribunal applied the Supreme Court's decision in Mercer and held that the claimants had no reasonable prospects of successfully arguing that the alleged detriments were protected by s. 146(1)(b), because taking part in industrial action fell outside that protection. The tribunal also held that s. 152(1)(b) had to be interpreted consistently with s. 146, so the automatic unfair dismissal complaint under that provision also had no reasonable prospects of success.

The s. 146(1)(b) and s. 152(1)(b) complaints were struck out. The judgment expressly recorded that the claimants' other complaints were not struck out and would proceed to a final hearing.