Constructive dismissal and trade union detriment: a warning for employers
A former employee at Evonik Chemicals won £13,727 after being constructively dismissed and subjected to detriments for his trade union activities. The tribunal found the employer's conduct amounted to both ordinary and automatically unfair dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was a trade union member and representative.
- The respondent subjected the claimant to detriments including moving him to warehouse and removing him from site.
- The claimant resigned in response to the respondent's conduct, amounting to constructive dismissal.
- The tribunal found the dismissal was both unfair and automatically unfair due to trade union activities.
- The claimant's conduct contributed to his dismissal, leading to a 10% reduction in compensation.
Timeline
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Meeting request and threat of discipline
The claimant was asked to attend a meeting and threatened with disciplinary action and dismissal.
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Removal from site
The claimant was removed from the respondent's site.
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Liability hearing starts
The liability hearing began at Manchester Employment Tribunal.
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Liability hearing ends
The liability hearing concluded after four days.
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Further hearing without parties
A hearing was held on 4 August 2022 without the parties present.
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Liability judgment
The tribunal issued its liability judgment, finding constructive unfair dismissal and detriment.
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Remedy hearing
The remedy hearing was held to determine compensation.
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Remedy judgment
The tribunal issued its remedy judgment, awarding £13,727.33.
The legal issue
The tribunal had to decide whether the employee was subjected to detriments because of his trade union membership and activities, and whether those detriments amounted to a constructive dismissal that was both unfair and automatically unfair.
The outcome
The tribunal upheld the employee's claims of detriment and constructive dismissal, finding that the employer's conduct – including threatening disciplinary action, moving him to a different department, and removing him from site – was because of his trade union role.
Compensation was reduced by 10% due to the employee's own contributory conduct. The award was:
- Basic award: £7,532
- Compensatory award for lost earnings: £2,370.58
- Loss of statutory rights: £350
- Detriment compensation: £4,500
- Total after 10% reduction: £13,727.33
Lessons & takeaways
- Trade union representatives have enhanced protection – any detrimental treatment linked to their role can lead to automatic unfair dismissal claims.
- Constructive dismissal can arise from a series of actions, not just one final act, so employers should address grievances promptly.
- Even if an employee contributes to their dismissal, compensation may only be reduced by a modest percentage if the employer's conduct was the primary cause.
- Representing yourself at tribunal is possible but challenging – the employee here succeeded without legal representation, but professional advice can help.
What this case shows in practice
This case highlights the risks employers face when they take action against a trade union representative. The employee, a long-serving worker in the chemicals sector, was an active union member and representative. Over several months, the employer subjected him to a series of detriments – including threatening him with discipline, moving him to a warehouse role, and ultimately removing him from site. The tribunal found that these actions were because of his trade union activities, making the constructive dismissal both ordinary and automatically unfair.
The employee resigned in response to the employer's conduct, which is a classic constructive dismissal scenario. The tribunal agreed that the employer's behaviour was so serious that it went to the root of the employment contract, leaving the employee with no choice but to leave.
What the employer could have done differently
Evonik Chemicals could have avoided this outcome by treating the employee's trade union role neutrally and addressing any performance or conduct issues through fair procedures. Instead, the tribunal found that the employer's actions – such as threatening disciplinary action before an investigation was complete – were directly linked to his union activities. A fair and transparent approach, with proper consideration of the employee's protected status, would have prevented the claim.
Why this result matters
This case reinforces that trade union representatives are protected from detriment and dismissal because of their role. Employers must be careful not to treat union reps less favourably than other employees. The 10% reduction for contributory conduct shows that even when an employee's own behaviour plays a part, the employer's unlawful actions will still attract significant compensation. For employees, it demonstrates that a pattern of detrimental treatment can amount to constructive dismissal, even if no single act is catastrophic.
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