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Trade unions: Conference ban not disciplinary penalty on union member

This report relates to 1 case(s)

  • expand disabled

    Gallagher v Unison [2005] All ER (D) 494 (Jul) EAT (0 other reports)

Key points

In Unison v Gallagher 1.8.05, EAT/0280/05/MAA , the EAT holds that:

  • The Certification Officer should have dismissed Ms Gallagher's complaint under s.108A Trade Union and Labour Relations (Consolidation) Act 1992 ("TULR(C)A") that Unison had breached its rules concerning removal from office.
  • The union's decision to debar members who had been subject to disciplinary action from attending as visitors at the 2004 National Delegate Conference, was an administrative decision taken in good faith to avoid disruption and not for the purpose of further punishing those already disciplined.