CERTIFICATION OFFICER
The Appellant, The Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers (referred to as the Union), appealed from a Decision of a Certification Officer made pursuant to section 108A(1) Trade Union and Labour Relations (Consolidation) Act 1992 (‘the 1992 Act’), granting an application by Mr Rolfe for a declaration that on or about 3 May 2017, the Union breached Rule 10.9 of its Rules by disqualifying Mr Rolfe from holding a position on the Union’s National Executive Committee until May 2026.
The question whether or not there had been a breach turned on whether Mr Rolfe, resigned from his office as National Chair of the NEC during his elected term. The Certification Officer held that he did not resign but instead, ceased to be a member of the NEC by virtue of his resignation as a Prison Officer and not being eligible for membership of the Union.
The Employment Appeal Tribunal held that the Certification Officer erred in law in reaching that conclusion by misconstruing the Union’s Rules, and failing properly to interpret the letter dated 3 May 2017 by which Mr Rolfe made clear that he was standing down from his position as National Chair. On a proper construction of the Rules, Mr Rolfe could have resigned from employment as a Prison Officer but remained a full member of the Union employed as its National Chair. Furthermore, the language used by Mr Rolfe in the letter of 3 May 2017 was clearly and unambiguously language communicating his decision to stand down from his position as National Chair and reasonably understood by the Union as a letter of resignation.
Judges:
Simler DBE J P
Citations:
[2018] UKEAT 0166 – 18 – 3010
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 April 2022; Ref: scu.633788
