P Embery v Fire Brigades Union

P Embery v Fire Brigades Union

Rule C13 empowers the Executive Council or its sub-committees to settle disputes regarding interpretation of union rules, and only if they are unable to do so to their own satisfaction is the Standing Orders Committee empowered to adjudicate. The Certification Officer did not err in law or reach a perverse decision in striking out the appellant’s complaint as having no reasonable prospect of success and/or as misconceived.

Parties
Appellant: Mr P Embery; Respondent: Fire Brigades Union
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Interpretation of Trade Union Rules, Disciplinary Proceedings, Strike Out Applications
Employment Trade Union Law Interpretation of Trade Union Rules Disciplinary Proceedings Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mr P Embery

Appellant

Fire Brigades Union

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Certification Officer erred in the interpretation of rule C13 of the Fire Brigades Union rules
  2. 2 Whether the decision to strike out the appellant’s complaint was perverse or legally incorrect

Ratio Decidendi

Rule C13 empowers the Executive Council or its sub-committees to settle disputes regarding interpretation of union rules, and only if they are unable to do so to their own satisfaction is the Standing Orders Committee empowered to adjudicate. The Certification Officer did not err in law or reach a perverse decision in striking out the appellant’s complaint as having no reasonable prospect of success and/or as misconceived.

Court Disposition

appeal dismissed