Following trade union pressures to recruit three workers with a view to their acting as shop stewards, the manager involved refused to do so. The workers claimed that they had been refused employment because of their trade union membership and also complained of blacklisting under the 2010 Regulations. The manager's explanation that his motivation for refusing their recruitment was because he resented being bullied by the union, not because of their trade union membership, was accepted by the Tribunal. The claimants appeal to the Employment Appeal Tribunal also failed.

This case comes with a word of caution. As the EAT noted, cases such as these will be "scrutinised narrowly" and the employer succeeded on the evidence in this particular case. For example, the evidence showed a highly-unionised workforce, that other employees who had taken part in unofficial action had been recruited and that the employer was not generally regarded as "anti-union".