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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Taplin v C Shippam Ltd  UKEAT 117_78_0707 (7 July 1978)
Cite as: (1978) 13 ITR 532, 13 ITR 532,  UKEAT 117_78_0707,  ICR 1068,  IRLR 450
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|At the Tribunal|
The Hon. Mr. Justice SLYNN
Mr. R. V. Cooper
Mr. E. Humphries
Transcript of Proceedings
|For the Appellant||Mr. John HAND Instructed by Brian Thompson, Manchester.|
|For the Respondent||Mr. Martin WHITE Instructed by Stephenson Harwood.|
Section 78(1) provides that an employee who complains to an industrial tribunal that he has been unfairly dismissed and that the reason for the dismissal was that he had taken or proposed to take part at any appropriate time in the activities of a particular independent trade union of which he was, or proposed to become, a member might, subject to the following provisions of the section, apply to the industrial tribunal for an order under the section.
Section 78(2) provides that an industrial tribunal shall not entertain an application under the section unless it is presented to the tribunal before the end of the period of seven days immediately following the effective date of termination, and that before that period a certificate in writing is presented to the tribunal signed by an authorised official of the independent trade union of which the employee was a member, stating that on the date of the dismissal the employee was or had proposed to become a member of the union and that there appeared to be reasonable grounds for supposing that the reason for his dismissal was one alleged in the complaint. Section 78(5) provides:
"If on hearing an application under this section it appears to an industrial tribunal that it is likely that on determining the complaint to which the application relates the tribunal will find that the complainant was unfairly dismissed and that the reason for the dismissal or (if more than one, the principal reason) was a reason mentioned in subsection (1) above, the tribunal shall announce its findings and explain to both parties (if present) what powers the tribunal may exercise on an application under the section ...."
"The words ‘likely’ or ‘probable’ have a wide range of meanings which vary according to the context in which they are used and which have been subject to considerable differences of judicial opinion: ...."