Labour Research December 2020

Law Matters

Interim Relief

An employee has won immediate reinstatement in his claim for interim relief pending the full hearing of his claim for automatically unfair dismissal because of trade union membership or activities (Morales v Premier Fruits (Covent Garden) Ltd ET Case No.2302945/20).

Mr Morales was dismissed after complaining to his union, United Voices of the World, about his employer’s proposal to implement a 25% pay cut.

Interim relief can only be granted in claims of automatically unfair dismissal for limited reasons.

These are trade union membership or activities, whistleblowing, or health and safety activities. An employment tribunal must be satisfied that the claim is likely to succeed.

The tribunal found that Morales was likely to be able to show that he was dismissed because he had sought the assistance of his union because his manager had acted “extremely adversely”.

https://assets.publishing.service.gov.uk/media/5f43b5268fa8f55de565f036/Mr_A_Montes_Morales_v_Premier_Fruits__Covent_Garden__Limited_-_2302945_2020_Full_Hearing.pdf