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Trade unions: Union failed to take steps to reverse unjustifiable expulsion

This report relates to 1 case(s)

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    Beaumont v Amicus MSF [2004] All ER (D) 425 (Feb) EAT (0 other reports)

Key points

In Beaumont v Amicus MSF the EAT holds:

  • Following a declaration by an employment tribunal that a trade union had unjustifiably disciplined one of its members by expelling him, the union failed to take all the steps necessary for securing the reversal of the expulsion.
  • On the expulsion, the union wrote to the member's branch giving clear instructions about how to deal with the situation, and it should have rescinded that letter by writing to the branch again in equally clear and unequivocal terms in connection with the revocation of that expulsion. It was not enough that the branch received minutes from the union's national executive committee, which contained a reference to the revocation.
  • >The union had failed to reinstate the member, who was entitled to claim compensation accordingly.