The claimant worked for a health trust as a nurse. He was a member of the recognised union, Unison, but also the 'leading light' in a small, non-recognised union, Workers of England Union. Unison did not take kindly to this new union on their patch and some of its members took offence at some of the views associated with the WEU and Mr Bone, referring to him as a "Bigot" and a "fascist". He claimed discrimination on grounds of his trade union membership (and nationality) against his employer for failing to fully investigate and stop the actions of other union members. Mr Bone won his case (in relation to trade union detriment) at tribunal but it was overturned at the EAT, who found the employer had been trying to remain neutral.

The Court of Appeal has restored the original tribunal's findings - the employer was far from neutral. It wanted a quiet life and to placate Unison. It knew the impact its inactivity would have on Mr Bone and his ability to carry out duties for the WEU. The Court of Appeal found, "...the employment tribunal were entitled to find, as they did, that in respect of four occasions the Trust subjected Mr Bone to detriment by their deliberate failure to act, and did so for the main purpose of preventing him or deterring him from taking part in the activities of the WEU."

http://www.bailii.org/ew/cases/EWCA/Civ/2016/45.html