Mrs G McVicar v Respondent — 2025

This was an application for interim relief in an automatic unfair dismissal claim. Mrs McVicar alleged that her dismissal was because of trade union activities within s.152(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992. Glasgow City Council said she was dismissed fairly for gross misconduct after she sent an external email containing a spreadsheet with sensitive personal data of service users. The tribunal recorded that the application was lodged in time and supported by the required trade union certificate, and it treated the parties' narrative as a summary of their positions rather than findings of fact.

Applying Taplin v C Shippam Ltd, Dandpat v University of Bath and Al Qasimi v Robinson, the tribunal asked whether the claimant had a "pretty good chance of success" at the final hearing. On the first strand, the tribunal accepted that there were arguments both ways as to whether the conduct fell within protected trade union activity or instead amounted to conduct outside the scope of protection because of its seriousness and data protection implications. It concluded that the materials before it did not allow it to say the claimant had met the high interim relief threshold on that issue.

On the second strand, the claimant said there was animus linked to her role as GMB convenor and recent union activity, and relied on Royal Mail Group Ltd v Jhuti. The respondent said the workplace was heavily unionised, that collective grievances and industrial action were ordinary features of the relationship, and that Mr Cowan as dismissing officer had a credible basis for his decision. The tribunal found there were substantial factual disputes about any alleged animus, the role of Mr McBride, and the decision-making process, but again was not able to conclude that the claimant had a pretty good chance of success. Interim relief was refused, and the tribunal made clear that it was not making final findings on the merits of the dismissal claim.