Miss S Stanley, counsel For the v Respondent — 2023

Mr J Ogundemuren was a Unison steward and health and safety representative who had been promoted on secondment to Operations Manager in March 2020. The tribunal found that both Ms Pratten and later Mr Pugh recorded ongoing concerns about time management, missed deadlines, team working and completion of objectives, which led to an informal performance improvement plan in July 2020 and an extension of the secondment to March 2021. The claimant also carried out union duties and raised concerns about Covid-19 home and estate visit guidance in January 2021.

Applying section 146 TULRCA 1992 and the detriment test in Shamoon, together with the sole-or-main-purpose authorities cited in UCL v Brown and Dahou v Serco Ltd, the tribunal accepted that ending the secondment early was capable of being a detriment because it removed a promoted role. It nevertheless found that the sole or main reason for Mr Pugh's decision was the claimant's performance, not union membership or activity. The tribunal relied on the history of performance concerns predating Mr Pugh, the informal PIP, continuing missed deadlines and the HR advice that a further formal PIP was unnecessary. It also noted that Mr Pugh was himself a union member and had not discouraged union participation.

The harassment and victimisation complaints were dismissed upon the claimant's withdrawal, so the tribunal made no merits findings on those claims. No monetary remedy was awarded in the reserved judgment.