Night concierge dismissed for acting as employee representative wins automatically unfair dismissal claim

What this case shows

This case illustrates the protection afforded to employee representatives under TUPE regulations. The night concierge was elected to represent colleagues during a potential transfer of employment, a role that carries legal safeguards. When the employer, Urbanbubble Liverpool Limited, dismissed him shortly after he took on that role, the tribunal found the dismissal was automatically unfair.

The employer had entered creditors' voluntary liquidation and did not defend the claim, leading to a default judgment. This highlights that even if an employer becomes insolvent, employees can still pursue claims and obtain compensation.

What the employer could have done differently

The employer could have avoided liability by respecting the claimant's role as a representative and not taking any adverse action against him for performing those duties. Had the employer continued to trade, it should have sought legal advice before dismissing an employee representative.

Why this matters

This case reinforces that the right to be an employee representative is a protected status. Employees who are elected should be aware that they cannot be dismissed or subjected to detriment for carrying out their representative functions. The compensation awarded, though modest, reflects the seriousness of the breach.

For employees in similar situations, it is important to document all communications about your representative role and any subsequent treatment by your employer. Even if your employer goes into liquidation, you may still be able to obtain a judgment and potentially recover compensation through the Insolvency Service.