Bone v North Essex Partnership NHS Foundation Trust

Posted In: Case Law
  • Case Reference
    [2016] EWCA Civ 45
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discipline, Discrimination, Collective and Trade Union Issues
Issues covered: Trade Union Duties; Discrimination; Detriment; Neutrality of Employer

The claimant worked for a health trust as a nurse. He was a member of the recognised union, Unison, but also the 'leading light' in a small, non-recognised union, Workers of England Union. Unison did not take kindly to this new union on their patch and some of its members took offence at some of the views associated with the WEU and Mr Bone, referring to him as a "Bigot" and a "fascist". He claimed discrimination on grounds of his trade union membership (and nationality) against his employer for failing to fully investigate and stop the actions of other union members. Mr Bone won his case (in relation to trade union detriment) at tribunal but it was overturned at the EAT, who found the

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This article is correct at 05/02/2016

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