Search

How can we help?

Icon

Unfair dismissal due to trade union activities

In the recent case of Cadent Gas Ltd v Singh the Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities despite the fact that the disciplinary and appeal officers were not motivated by his union activities.

The Claimant was a health and safety trade union representative and a key element of his case was that the manager who conducted the disciplinary investigation into allegations of gross misconduct (which were unconnected to his union activities) was hostile towards the union of which the Claimant was part. There had also been historical tension between the two in relation to the Claimant’s trade union activities.

Although it was considered that neither the disciplinary nor the appeal officers were motivated in their decision-making by the employee’s union activities, it was found that the investigating manager had referred to the Claimant’s union status in his investigation and, amongst other things, had given incorrect information to HR and the dismissing officer. The decision to dismiss was therefore found to be attributable to the Claimant’s union activities.

Employment Appeal Tribunal (EAT) has upheld a tribunal decision that an employee was automatically unfairly dismissed because of his trade union activities.

This case highlights the high degree of risk in trade union cases and employers must be aware of the serious implications if an employee is dismissed or subjected to a detriment because of their involvement in, or connection to, a trade union. Employers must also be aware that such cases do not require a minimum length of service, compensation for such dismissals is uncapped and serious reputational damage could be caused if a Claimant is successful.

If you have any concerns regarding trade union matters, please contact a member of our unfair dismissal lawyers who will be happy to assist.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.

Pub
  • 11 May 2026
  • Immigration

How to prepare for Sponsor Licence Compliance in 2026: Essential tips for UK employers

Join immigration experts Ruth Karimatsenga and Monica Mastropasqua for an in-depth podcast discussion on sponsor licence compliance in 2026.

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.