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Gayle v Sandwell & West Birmingham Hospitals NHS Trust - Warning concerned management issue and was not detriment under TULR(C)A 1992 [2010] EAT

An employee received a final written warning for failing to respond to management requests to meet to discuss the arrangements for her taking time off for trade union activities. This clear motivation meant that the warning was not a detriment under TULR(C)A 1992 sec 146: it was not issued as a means of detering her or preventing her taking part in trade union activities, or to penalise her for doing so.

Ms Gayle worked for Sandwell & West Birmingham Hospitals NHS Trust (the “Trust”) as a midwife and she was a Trade Union (“TU”) representative. After she migrated from one union to another her line manager requested a meeting to discuss the principles for arrangement of time-off for her TU duties. Ms Gayle attended some meetings with the line manager but did not attend others. The Trust initiated disciplinary proceedings against Ms Gayle for failure to respond to the management request for discussion of the management issues (namely, the principles applicable to her time-off for TU activities). This resulted in a final written warning being issued to Ms Gayle.

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