Mihaj v Sodexho Ltd

Unfair dismissal – Trade union membership and activities. The employment tribunal had dismissed the employee's application for interim relief under s 161 of the Trade Union and Labour Relations (Consolidation) Act 1992. On appeal, the Employment Appeal Tribunal held that the judge had erred in determining that an employment tribunal at a liability hearing would not be likely to find that the employee had been dismissed for taking part in trade union activities. He had erred in so deciding on the basis that it was not likely that the tribunal would find that the true reason for the dismissal had been the activity as opposed to the way in which it had been carried out.

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