Tom Simpson v Unite the Union

Tom Simpson v Unite the Union

The Certification Officer erred in law by failing to properly consider and apply the test for apparent bias/predetermination to the involvement of Mr Gillespie at multiple stages of the disciplinary process, as required by the principles of natural justice and the applicable legal authorities.

Source-derived case information.

Parties
Appellant: Tom Simpson; Respondent: Unite the Union
Jurisdiction
England and Wales
Judgment Date
12 October 2022
Procedural Posture
Employment Appeal / Appeal From Certification Officer's Decision
Outcome
Appeal allowed; Certification Officer's decision set aside due to error of law.
Legal Topics
Natural Justice, Apparent Bias, Disciplinary Proceedings, Trade Union Rules
Employment Law Trade Union Law Natural Justice Apparent Bias Disciplinary Proceedings Trade Union Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tom Simpson

Appellant

Unite the Union

Respondent

Procedural Posture

Employment Appeal / Appeal From Certification Officer's Decision

Legal Issues

  1. 1 Whether the disciplinary process adopted by Unite the Union gave rise to an appearance of bias by way of pre-determination in breach of natural justice.
  2. 2 Whether the Certification Officer erred in law by failing to consider and apply the correct legal test for apparent bias/predetermination.

Ratio Decidendi

The Certification Officer erred in law by failing to properly consider and apply the test for apparent bias/predetermination to the involvement of Mr Gillespie at multiple stages of the disciplinary process, as required by the principles of natural justice and the applicable legal authorities.

Court Disposition

Appeal allowed; Certification Officer's decision set aside due to error of law.

Orders

  • Matter to be remitted for further consideration or submissions as to disposal.