EAT CERTIFICATION OFFICER
HUMAN RIGHTS
The Certification Officer did not err in holding that Unite had failed to comply with Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) section 30(1) by not giving her access to accounting records showing ‘stand down’ payments to each trade union official of her branch which together totalled a substantial monthly amount. Under sections 28 and 29 the Union was obliged to keep available for inspection accounting records of its transactions necessary to give a true and fair view of the state of affairs of the trade union and to explain its transactions. On the facts the Certification Officer did not err in holding that the cumulative amounts in the accounts relating to ‘stand down’ payments which had been made available did not comply with this obligation. Previous decisions of the Certification Officer in Mortimer v Amicus (D/1/03) and Foster v Musicians Union (D/13-17/03) considered. Nor did the Certification Officer err in refusing to redact the names of the officials in receipt of such payments. Article 8 ECHR considered. Further, on the cross-appeal, the Certification Officer did not err in refusing the application by the union member for access to bank statements when she had been given access to the accounting records regarding sundries to which they relate.
Appeal and cross-appeal dismissed.
Citations:
[2017] UKEAT 0148 – 16 – 0902
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 January 2022; Ref: scu.574090