Ms Rita Adjei v Virtue Care Limited — 2024

The claimant presented an automatic unfair dismissal claim under s.152 TULR(C)A 1992 and applied for interim relief within seven days of the effective date of termination, 26 June 2023. The tribunal decided the application on the papers and submissions only, without oral evidence or cross-examination. It accepted that the relevant issue was whether it appeared likely that the claimant would succeed at a final hearing in showing that the reason, or one of the reasons, for dismissal was that she had made use of trade union services at an appropriate time, including the union raising matters on her behalf.

The judge found it likely that the claimant was an employee, that she had made use of trade union services at the appropriate time, and that the union had raised matters with the respondent on her behalf. The tribunal reviewed the chronology of the claimant's contacts with the GMB, correspondence in late May and June 2023, and the meeting between the union and Mr Dzade on 20 June 2023. It also considered the respondent's reliance on alleged negligence and unsafe work, including the Quality Alert Form and the later grievance, but concluded on the limited material that it was likely the final tribunal would find the dismissal was not for the reasons advanced by the respondent at the time or at the interim hearing.

The judge considered the timing important: the union meeting took place on 20 June 2023, the Quality Alert Form was sent on 21 June, the claimant raised a grievance on 22 June, annual leave was paid on 23 June, and dismissal followed on 26 June 2023. The tribunal said that even if there were multiple reasons for dismissal, the claim would succeed if union involvement was one of them, because s.152(2B) TULR(C)A 1992 does not require it to be the principal reason. It therefore granted interim relief and ordered continuation of the contract of employment from 26 June 2023 until final determination or settlement.

For the monetary order, the tribunal accepted the claimant's net weekly pay as £536.44 and the monthly shortfall between the old and new employment as £798.40. It ordered payment of £7,073.40 within 28 days, representing pay from termination to the hearing date, and further ordered monthly payments of £798.40 on the last Friday of each month until final determination or settlement, with February 2024 reduced to £399.20 because part of that month had already been covered by the lump sum. The tribunal also noted that the claimant had started new employment in August 2023 and that the respondent did not agree to reinstatement or re-engagement.