Trade Union Membership – The Union brought two sets of disciplinary proceeding against the Appellant, a member of the Union, arising out of an allegation that he slapped a woman’s bottom. In the first disciplinary proceedings, the disciplinary panel found that the allegation was proved and amounted to misconduct under a particular rule (rule 27.1.7) of the Union’s rulebook. The Appellant’s appeal was dismissed, but the Assistant Certification Officer held that rule 27.1.7 did not apply and so there was no misconduct.
In the second disciplinary proceedings, the Union advanced the same allegation, contending that it was misconduct under three different rules in the Union’s rulebook. The disciplinary panel found that it was misconduct under two of those rules. The Appellant’s appeal was dismissed and the Certification Officer held that the Union was not estopped from bringing the second disciplinary proceedings, because the doctrine of res judicata did not apply to the Union’s disciplinary process.
Held, allowing the appeal, that the Assistant Certification Officer’s order gave rise to an estoppel, such that the Union was estopped from bringing proceedings relying on the same allegation and the same rule as in the first disciplinary proceedings. Moreover, since the Union could and should have relied on all applicable rules in the first disciplinary proceedings, it was estopped from asserting a breach of those rules by way of the second disciplinary proceedings.
Citations:
[2019] UKEAT 0147 – 19 – 1912
Links:
Jurisdiction:
England and Wales
Employment
Updated: 16 October 2022; Ref: scu.646868