The decision of a trade union’s Certification Officer, responding to a number of complaints about the treatment of a disciplinary complaint, was not erroneous in law. There was no error in the application of the relevant disciplinary rules, and the process was not rendered cumulatively unfair by reason of a number of matters including a possibility that a disciplinary panel had seen prejudicial material.
There was however an error of law in the Certification Officer’s assessment of a complaint about whether the treatment of another disciplinary matter was consistent with the rules of the trade union. A rule requiring that disciplinary action ‘should not be used to stifle constructive debate or deter members from seeking election’ could be engaged whether or not there was any intention for the action to have that effect.
Citations:
[2021] UKEAT 0125 – 20 – 0604
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 December 2022; Ref: scu.661712