Mr R John v Select Service Partner UK Ltd — 2024

The claimant applied for interim relief in connection with a complaint that his dismissal was unfair because, or partly because, of trade union membership or activities. The claimant did not attend the interim relief hearing. The tribunal refused his application to postpone the hearing, finding that no special circumstances justified postponement and that the claimant had not provided evidence supporting the postponement request before the hearing.

The tribunal held that, properly analysed, the interim relief application was made under the Trade Union and Labour Relations (Consolidation) Act 1992. Because no certificate from an authorised official of the relevant independent trade union had been presented within the required time, or at all, the tribunal found that it had no jurisdiction to hear the interim relief application.

In the alternative, if jurisdiction had existed, the tribunal would have refused the application because the claimant had not shown a pretty good chance of succeeding. On the material available, the tribunal considered there was no evidence, or clearly asserted factual basis, from which a trade union-related dismissal could be inferred, and noted documentary evidence supporting the respondent's case that dismissal was for ill health, capability or long-term absence. The tribunal stated that these reasons did not bind the tribunal hearing the substantive claim.