19 February 2016
Bone v North Essex Partnership NHS Foundation Trust [2016] EWCA Civ 45, [2016] All ER (D) 16 (Feb)
The Court of Appeal, in allowing the employee’s appeal, held that the employment tribunal had been entitled to have found, as it had, that, in respect of four occasions, the employer had subjected the employee to detriment by its deliberate failure to act and had done so for the main purpose of preventing him or deterring him from taking part in the activities of the Workers of England Union. Accordingly, the judgment of the employment tribunal would be restored.
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