Changez Khan Wins Unfair Dismissal Case

Case Overview

Stephen Morris v Metrolink RATPDev Ltd (Operating Metrolink on behalf of Greater Manchester Transport)

Facts

The Claimant was employed by Metrolink, the operator of Manchester’s tram network, and served as the local trade union official. During a business restructure, dissatisfied union members asked him to lodge a collective grievance. Subsequently, a union member illicitly forwarded a photograph from a senior manager’s personal diary, raising questions over selection fairness.

The Claimant referenced this information in his grievance letter to HR. He was then suspended, investigated, and summarily dismissed for gross misconduct on the grounds of misuse of confidential information. Two internal appeals and an MD review upheld the dismissal.

Claims

The Claimant advanced two claims:

• Automatic unfair dismissal on grounds of trade union activity (section 152 TULRCA 1992).
• Ordinary unfair dismissal (section 94 ERA 1996).

The Respondent argued the dismissal was justified by the misuse of a manager’s confidential diary. The Claimant contended this was a pretext and that the true reason was the exercise of legitimate union rights in raising a collective grievance.

Outcome

At an eight-day trial in the Manchester Employment Tribunal, where 11 witnesses testified, the Tribunal found in favour of the Claimant. It held that:

• The dismissal was motivated by protected trade union activity and was automatically unfair.
• Referencing the diary alone did not justify dismissal under section 98 ERA.

The Tribunal made no findings on contributory fault or Polkey. The matter now proceeds to a remedy hearing.

This case highlights the balance between safeguarding confidential information and protecting lawful union activities. Employers must not misuse confidentiality as grounds to suppress legitimate union representation.

Author: Changez Khan, Farrars (This email address is being protected from spambots. You need JavaScript enabled to view it.)

Previous Post: £500,000 Cost of NHS Legal Fight | Next Post: Number of Workers on Zero Hours Contracts Rises to 801,000