The Claimant, a member of the Respondent Trade Union, made claim to the Certification Officer (CO) pursuant to s.108A TULCRA that it had breached the Union rules by the instigation of disciplinary proceedings in respect of complaints of alleged disciplinary offences occurring more than 28 days before the date(s) of complaint.
The CO held that the Union rules gave it no power to instigate disciplinary proceedings in such circumstances; and set aside the sanctions imposed on the Claimant, which included expulsion from the Union for 10 years.
Allowing the Respondent’s appeal, the EAT held that on a proper construction of the Union rules it had a discretion to instigate disciplinary proceedings in respect of alleged disciplinary offences occurring more than 28 days before the date(s) of complaint.
Citations:
[2019] UKEAT 0111 – 19 – 1806
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 August 2022; Ref: scu.642736