Tribunal Finds Unreasonable Failures by TUC in Dismissal Case

The tribunal concluded that the Trades Union Congress (TUC) dismissed two employees, Darren Lewis (DL) and Greg Lepiarz (GL), without reasonable grounds, citing significant failures in the investigation process. Gerard Airey of Kilgannon and Partners, who represented the claimants (along with Paul Livingston of Outer Temple Chambers), criticised the TUC's handling of the case.

Key Points from the Case

• Unfair Dismissal: The tribunal found that the TUC's workplace investigation was inadequate and did not meet the standards expected, particularly given the organisation's role in upholding fair employment practices.
• Poor Investigation: The TUC failed to properly investigate the claims against DL and GL, relying on inconsistent evidence from a key witness, Ms Dye.
• Conflict of Interest: Paul Nowak, who was involved in both the dismissal and the appeal process, was found to lack impartiality, further compromising the fairness of the procedure.
• Lack of Evidence: The tribunal noted the absence of concrete evidence supporting the allegations against DL and GL, including charges that were not originally part of the allegations.
• Breach of ACAS Code: The TUC was found to have significant breaches of the ACAS Code of Practice, which sets out guidelines for fair dismissal processes.

Implications

• Reputation of TUC: Airey emphasised that the TUC's actions have brought disrepute to itself, as the organisation failed to adhere to the standards it advocates for other employers.
• Support for Claimants: Airey called for union support to lift the ban on DL and GL from TUC premises, urging unionists to campaign for their reinstatement.



Conclusion

The tribunal's findings highlight serious procedural flaws and a lack of adherence to established guidelines by the TUC. The matter is set to proceed to a remedy hearing on 10 and 11 October 2024, with DL and GL refraining from further comments until the conclusion of this phase. For further enquiries, contact Gerard Airey at ga@kilgannonlaw.co.uk.

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This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice. 12.06.2024