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North Essex Partnership NHS Foundation Trust v Bone - Issue of independence of recognised union goes to ET's jurisdiction [2012] EAT

Issue of independence of recognised union goes to ET's jurisdiction to hear a claim under s. 146 TULR(C)A

An ET found that on four occasions the North Essex Partnership NHS Foundation Trust, subjected Mr Bone to detriment by its deliberate failure to act, for the main purpose of preventing or deterring him from taking part at an appropriate time in the activities of the Workers of England Trade Union. The Trust appealed. The claims originally before the Employment Tribunal fell under section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992.The central component of section 146 is that the protection applies in respect of a worker who has been prevented or deterred from taking part in the activities of an independent trade union at an appropriate time.

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