Mr A Thomas v Babcock International: 6045922/2025
JUDGMENT
[1]The claimant made an application for Interim Relief pursuant to s161 of the Trade Union and Labour Relations (Consolidation) Act 1992.[2]S161 (3) states that In a case where the employee relies on section 152(1)(a), (b) or (ba), or on section 152(1)(bb) otherwise than in relation to an offer made in contravention of section 145A(1)(d), the tribunal shall not entertain an application for interim relief unless before the end of that period there is also so presented a certificate in writing signed by an authorised official of the independent trade union of which the employee was or proposed to become a member stating— (a)that on the date of the dismissal the employee was or proposed to become a member of the union, and (b)that there appear to be reasonable grounds for supposing that the reason for his dismissal (or, if more than one, the principal reason) was one alleged in the complaint.[3]The underlying claim of unfair dismissal is based upon s152 (1) (b) and accordingly the Tribunal “shall not” entertain the application for interim relief unless the relevant certificate is presented to it. No such certificate has been Case No: 6045922/2025 presented or is available.[4]The application is therefore one which the Tribunal has no jurisdiction (legal authority) to hear and is dismissed.