EAT CERTIFICATION OFFICER
Bakhsh
Appellant, a UNISON member who was the subject of a disciplinary investigation which had not resulted in formal charges, was suspended from office by decisions dated 16.1.07 and 12.3.07 on the basis that he was ‘facing charges’ – On 12.11.07 he complained to the Certification Officer that his suspension was contrary to the Union’s Rules.
Held:
(1) that the complaint was out of time by reference to s.108B (6) of the Trade Union and Labour Relations (Consolidation) Act 1992 and that informal correspondence following the suspensions did not constitute the invocation of an internal complaints procedure within the meaning of s-s (6) (b);
(2) that a member could be ‘facing charges’ within the meaning of the relevant rules notwithstanding that charges had not yet been notified.
Staunton
Appellant, a UNISON member, who was the subject of a disciplinary investigation, was prevented by the Union from standing in elections to the NEC on the basis that he was suspended from holding office
Held:
(1) that the Union’s rules did not on their true construction prevent members who had been suspended pending disciplinary investigation from standing for office; and accordingly the Appellant was not part of a class all members of which were excluded within the meaning of s. 47 (3) of the 1992 Act;
(2) that the suspension of the Appellant was unreasonable within the meaning of s. 47 (1).
[2009] UKEAT 0375 – 08 – 0804, [2009] IRLR 418
Bailii
England and Wales
Employment
Updated: 31 October 2021; Ref: scu.331202
