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3 October 2013 0 Comments
Posted in Employment, Opinion

Interim Relief in Trade Union activities dismissal

Author headshot image Posted by , Partner

In London City Airport v Chacko the EAT has given judgementon an application for interim relief in circumstances where the individual claimed that they were unfairly dismissed for reasons relating to Trade Union membership or activities. Interim relief may be applied for where a dismissal is claimed to be for these reasons, and where an Employment Tribunal determines it is likely that, at the full merits hearing, the claim will succeed and the dismissal will be found to be for the prohibited reasons i.e. Trade Union membership or activities. The EAT held that “likely” requires more than just a balance of probability regarding the prospects of ultimate success. The employee still needed to demonstrate a “pretty” good chance of “success”, as stated in the EAT authority Taplin v C Shippam Limited. The interesting point about the interpretation of “likely” is comparing the House of Lords’ interpretation of the same word in the context of disability discrimination, where it is interpreted to mean “could well happen”.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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