Case 4109213/2021 · Employment Tribunal

Mr G Brown v – Solicitor XPO Supply Chain UK Limited — 2022

Case reference: 4109213/2021
Decision date: 7 March 2022
Jurisdiction: Scotland
Judge: Employment Judge B Campbell

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr G Brown

Respondent

– Solicitor XPO Supply Chain UK Limited

Key findings

Tribunal's reasoning

The claimants, both HGV drivers at Mossend 2, were dismissed after an audit and disciplinary process concerning recording of working time and tachograph data. Mr Brown was a Unite shop steward who took part in pay negotiations in September and October 2020; the tribunal found that this was trade union activity within s.152(1)(b) TULR(C)A 1992. Mr Lipp was a Unite member and had previously been a shop steward, but the tribunal found no evidence that he was then engaged in protected trade union activity. In both cases, however, the tribunal found that dismissal was not because of union membership or union activity.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Trade union	Automatic unfair dismissal claim under s.152 TULR(C)A 1992. The tribunal found Mr Brown had been involved in trade union activity through pay negotiations, but held that neither claimant was dismissed for union membership or union-related activity.	Dismissed	—	—
Unfair dismissal	Ordinary unfair dismissal claim under s.98 ERA 1996. The tribunal held both claimants were dismissed for conduct after a reasonable investigation and that the dismissals were fair overall.	Dismissed	—	—

Legal tests applied

8 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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