Kirklees Council

Case Summary

The claimant's application for interim relief was refused. The case involves claims of unfair dismissal and age discrimination.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Unfair Dismissal for Trade Union Activities
• •Age Discrimination

1 EMPLOYMENT TRIBUNALS Claimant: Mr P Holmes Respondent: Kirklees Council 7 March 2022 Before: Employment Judge Shepherd Appearances: For the Claimant: Mr Toms, counsel For the Respondent: Mr Oldham QC JUDGMENT ON THE CLAIMANT’S APPLICATION FOR INTERIM RELIEF The claimant’s application for interim relief is refused. REASONS 1. The claimant was represented by Mr Toms and the respondent was represented by Mr Oldham. 2. I was provided with a bundle of documents consisting of 313 pages. I considered those documents to which I was referred by the parties. I also had sight of written statements from Antony Pearson, UNISON Regional Manager, Charles Carruth, UNISON regional organiser, Colin Parr, the respondent’s Strategic Director Environment and Climate Change and Deborah Lucas, Head of People Services. 3. This was an application by the claimant for an order for interim relief on the basis of the claim for dismissal by reason of taking part in the activity of an independent trade union pursuant to section 152 of the Trade Union and Labour Relations (Consolidation) 1992 (TULCRA). 2 4. The claimant presented a claim to the Employment Tribunal on 9 February 2022. The complaints brought were for detriment for taking part in the activities of UNISON, unfair dismissal for the reason or principal reason that he took part in (or proposed to take part in) the activities of UNISON contrary to section 152(1)(b) of TULCRA, unfair dismissal contrary to section 94 and section 98 of the Employment Rights Act 1996. The claimant also claims that he was subject to direct age discrimination. 5. The claimant applies for interim relief under section 161 of TULCRA. A certificate pursuan…