The claimant had worked for Kirklees Council since 1973, latterly as full-time Branch Secretary of the Kirklees UNISON branch. Following complaints from colleagues, including an allegation that he had threatened a fellow steward with violence, he was suspended in November 2019 and subsequently dismissed in February 2022 after a lengthy disciplinary process. He claimed unfair dismissal, including automatic unfair dismissal on the ground that the reason for dismissal was his trade union activities. The ET dismissed his claims.

HHJ Tayler dismissed the appeal too, largely as he states at [43] that at the heart of the claimant's appeal was perversity which counsel for the claimant had acknowledged required "an overwhelming case”. In this case that threshold had not been reached.