Dog trainer dismissed after joining union: detriment but not automatic unfair dismissal
A tribunal found that a dog trainer was unfairly dismissed after his employer withdrew a zero-hour contract offer when he joined a trade union, but the decision to dismiss was made before he joined.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked for the respondent from 2018, initially on an ad hoc basis, then under a self-employed contract from August 2020, and finally under a fixed-term employment contract from March 2021.
- On 28 July 2022, the respondent announced that all dog trainers would be moved to zero-hour contracts and the claimant's job title was changed from Head Trainer/Puppy Manager to Assistance Dog Trainer.
- The claimant joined a trade union on the evening of 28 July 2022 and informed the respondent on 1 August 2022.
- The respondent withdrew the offer of a zero-hour contract and gave the claimant written notice of termination on 12 August 2022, with an effective date of termination of 10 September 2022.
- The tribunal found that the principal reason for withdrawing the zero-hour contract offer was the claimant's trade union membership, constituting a detriment.
- The tribunal found that the dismissal was procedurally unfair as there was no process of engagement with the claimant about alternatives to dismissal.
Timeline
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Donation of dog
The claimant donated a dog to the respondent charity.
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Started working ad hoc
The claimant began working for the respondent on an ad hoc basis.
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Self-employed contract
The claimant was offered and accepted a self-employed contract.
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Fixed-term employment contract
The claimant was offered and accepted a fixed-term contract of employment.
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Meeting announcing zero-hour contracts
All dog trainers were told they would be moved to zero-hour contracts; the claimant's job title was changed and he was demoted. The respondent orally gave notice to terminate the claimant's contract.
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Claimant joined trade union
That evening, the claimant joined a trade union.
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Claimant informed respondent of union membership
The claimant emailed Ms Pearman stating he had joined a union and attached his union card. Ms Pearman forwarded the email to trustees.
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Letter drafted withdrawing zero-hour offer
Ms Pearman drafted a letter withdrawing the offer of a zero-hour contract.
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Notice of termination given
The claimant was given formal written notice of termination, with effective date of termination 10 September 2022.
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Effective date of termination
The claimant's employment ended.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether he suffered a detriment because of his trade union membership.
The outcome
The tribunal found that the claimant was unfairly dismissed. The reason for dismissal was 'some other substantial reason' (SOSR), but the process was unfair as the employer did not discuss alternatives with him. The claim for automatic unfair dismissal (due to trade union membership) was dismissed because the decision to terminate was made before he joined the union. However, the withdrawal of the zero-hour contract offer was a detriment because of his union membership. The claimant did not seek compensation, so no remedy was awarded.
Lessons & takeaways
- Joining a union can protect you from detriment, but it does not automatically make a dismissal unfair if the decision was made before you joined.
- Employers should engage with employees before making fundamental changes to contracts or dismissing them, even if the reason is not related to their capability or conduct.
- If you are considering legal action, keep evidence of any decisions made before and after you join a union, as timing can be critical.
- Zero-hour contract changes can be a substantial change to your employment terms, and a refusal to accept them may not be a fair reason for dismissal without proper process.
What this case shows
This case highlights how the timing of joining a trade union can be crucial in unfair dismissal claims. The claimant, a dog trainer for Hypo Hounds, was told on 28 July 2022 that all trainers would be moved to zero-hour contracts and his role was demoted. He joined a union that evening and informed his employer on 1 August. The employer then withdrew the zero-hour contract offer and gave him notice of dismissal. The tribunal found that the decision to dismiss was made on 28 July, before he joined the union, so the dismissal was not automatically unfair due to union membership. However, the withdrawal of the zero-hour contract offer was a detriment because of his union membership.
What could have been done differently
The employer could have avoided the unfair dismissal finding by engaging with the claimant about alternatives to dismissal. The tribunal noted there was no process of discussion or consultation. Even if the reason for dismissal was a genuine business reorganisation, a fair procedure requires the employer to consider alternatives and give the employee a chance to respond. The employer also acted hastily by drafting the withdrawal letter before any board meeting, which undermined their case.
Why this matters
For employees, this case shows that joining a union can protect you from detrimental treatment, but it does not automatically make a dismissal unfair if the employer had already decided to dismiss you. For employers, it is a reminder that even in a 'some other substantial reason' dismissal, procedural fairness is essential. Failing to consult or consider alternatives can lead to a finding of unfair dismissal, even if the substantive reason is valid.
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