EAT CERTIFICATION OFFICER
The Appellant was disciplined by the Respondent’s executive council. He argued that the decision was vitiated by breaches of the rules of natural justice, in that (1) members of the executive council were automatically disqualified by bias in the circumstances, alternatively (2) there was apparent bias on their part, such that some different body ought to have been constituted to hear the disciplinary proceedings. He further argued that the union must have misconstrued its own rules by finding a disciplinary matter proved when (it was argued) the Appellant was doing no more than asserting his rights, as he was entitled to do by virtue of article 10 and 11 of the ECHR. The certification officer decided against him.
Appeal dismissed. The certification officer was correct to find that there was no breach of the rules of natural justice and that the union had complied with its own rules.
Judges:
David Richardson J
Citations:
[2013] UKEAT 0523 – 12 – 1904
Links:
Jurisdiction:
England and Wales
Employment, Natural Justice
Updated: 17 November 2022; Ref: scu.512141
