Source: All England Reporter
Publisher Citation: [2005] All ER (D) 494 (Jul)
Court: Employment Appeal tribunal
Judge:

Judge Reid QC, Mr J Hougham and Mr D Welch
Representation The appellant appeared in person.
  Oliver Segal (instructed by Thompsons) for the union.
Judgment Dates: 28 July 2005

Catchwords

Trade union - Rules - Breach of rules - Disciplinary proceedings - Subsequent exclusion of respondent from union conferences - Whether respondent 'unjustifiably disciplined' - (Consolidation) Act 1992, ss 64, 65.

The Case

The certification officer of the appellant union had erred in holding that the union had acted in breach of its disciplinary rules in excluding the respondent from its conferences, as, in excluding the respondent from attending its conferences as a member of the public, the union had not been purporting to subject the respondent to a disciplinary process. Accordingly, a decision dismissing the respondent's application would be substituted for the certification officer's decision.

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