Union reps' rights

Case 11: The facts

GMB union rep Ms Doherty twice brought successful claims against her employer over deterrents and penalties relating to her union activities. The conciliation service Acas was called in to improve the relationship, but Doherty was not involved in the process. She resigned and claimed constructive dismissal.

A tribunal found that the employer was in breach of contract on one issue by limiting Doherty’s union activities, but held that this was not the reason for her resignation.

The ruling

The Employment Appeal Tribunal ruled that the tribunal had failed to establish whether a series of events could have cumulatively amounted to a fundamental breach of contract. It had also been wrong to make findings on Doherty’s motivation without putting this to her.

Doherty’s claim was therefore remitted to the tribunal for further consideration.

Doherty v British Midland Airways Ltd UKEAT/0684/04 (reported in [2006] IRLR 90)

* See also “Only a change in legislation can end union reps’ victimisation” elsewhere in this issue.