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Employment tribunal – Jurisdiction. The employee had issued proceedings in the employment tribunal alleging detriment on grounds related to union activities contrary to s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal had allowed his claim and the employing NHS Trust had appealed. The Employment Appeal Tribunal allowed the appeal on the ground that the relevant trade union had not been independent at the time of the acts complained of, namely three years before, therefore the tribunal had not had jurisdiction to hear the claim. The Court of Appeal, Civil Division, allowed the employee's appeal. It held that the question whether a trade union was independent did not affect the jurisdiction of the employment tribunal in a claim under s 146 of the Act. Further, a certificate of independence was retrospective in its effect for a reasonable period before the date of the certificate. Historic questions of independence were to be referred to the certification officer.
Employment tribunal – Jurisdiction. The employee had issued proceedings in the employment tribunal alleging detriment on grounds related to union activities contrary to s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992. The tribunal had allowed his claim and the employing NHS Trust had appealed. The Employment Appeal Tribunal allowed the appeal on the ground that the relevant trade union had not been independent at the time of the acts complained of, namely three years before, therefore the tribunal had not had jurisdiction to hear the claim. The Court of Appeal, Civil Division, allowed the employee's appeal. It held that the question whether a trade union was independent did not affect the jurisdiction of the employment tribunal in a claim under s 146 of the Act. Further, a certificate of independence was retrospective in its effect for a reasonable period before the date of the certificate. Historic questions of independence were to be referred to the certification officer.
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