A union official was not also an employee of the union for unfair dismissal purposes (Fire Brigades Union v Embery)

There is a broad principle that a person cannot simultaneously have two employers, subject to an exception for the case of a person having two ‘compatible’ employments (although the reasoning behind that exception was doubted because it came from the different policy context of a vicarious liability case rather than one dealing with employment rights). On the facts of this particular claim for unfair dismissal by a fire-fighter, the claimant was not employed by the union as well as by the fire brigade, according to the EAT.

Fire Brigades Union v Embery [2023] EAT 51

Case Details

• Court: Employment Appeal Tribunal
• Judges: Bourne J, Mr Clifford Edwards, Mr Nick Aziz
• Date of judgment: 14 April 2023

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.