WEU Succeeds in Morris v Metrolink Case

The Workers of England Union, instructed by our legal team at Tilbrooks Solicitors, engaged Changez Khan, a barrister from Farrars Chambers. He successfully overturned the Employment Appeal Tribunal’s decision in Morris v Metrolink RATP Dev Ltd, concerning automatic unfair dismissal under s.152 TULRCA 1992, data leaks and alleged misconduct.

Background of the Case

The case centered on a trade union official, Mr Morris, who was dismissed for using confidential information—a manager’s diary—to support a collective grievance on behalf of his members. The main issues were:

• Was this conduct legitimate trade union activity protected under s.152 TULRCA 1992?
• Did the recipient of leaked confidential information have an absolute duty to delete it?

After an initial victory at the Employment Tribunal, Mr Morris faced a setback in the Employment Appeal Tribunal. Slade J described his prospects as having “only a very small percentage chance of success” and issued a costs warning. On further appeal, the Court of Appeal, led by Underhill LJ, unanimously restored the original judgment in Mr Morris’s favour.

Key Findings of the Court of Appeal

Underhill LJ addressed two pivotal questions:

1. Protective Scope of s.152 TULRCA 1992
   Trade union activity is protected unless it is “wholly unreasonable”, a high threshold for disqualification.
2. Duty to Delete Leaked Confidential Information
   There is no absolute duty to delete such information; each case must be judged on its own facts. Mr Morris’s use of the leaked diary was found not improper.

Significance and Implications

This landmark ruling:

• Confirms the correct approach to automatic unfair dismissal under s.152 TULRCA 1992.
• Warns employers against overreacting to data breaches by prematurely characterising them as gross misconduct.
• Raises important questions for future cases:
  • At what point does a data infraction amount to misconduct?
  • When does a duty to delete confidential data arise?

A nuanced, fact-sensitive approach is essential in misconduct cases involving data security.

Access the Full Judgment

To review the Court’s judgment, download the PDF below:

Download Judgment (PDF)

About Changez Khan

Changez Khan has an interdisciplinary practice spanning employment law, personal injury law and commercial disputes. He has appeared in the County Court, Employment Tribunal, High Court, Employment Appeal Tribunal and the Court of Appeal. His approach is to:

• Obtain a sound grasp of the client’s overall goals
• Provide no-nonsense advice on the merits
• Deliver the strongest possible presentation in court

See his full profile on the Farrars Chambers website.

For more details, visit our news article: WEU succeeds in the Court of Appeal in Morris v Metrolink – Data Leaks, Misconduct and s.152 TULRCA 1992.