Unison v Gallagher [2005] UKEAT 0280_05_2807 (28 July 2005)

Unison v Gallagher [2005] UKEAT 0280_05_2807 (28 July 2005)

The union's exclusion of Ms Gallagher from attending the conference as a visitor was an administrative measure to preserve order, not a disciplinary penalty under union rules; therefore, the union did not breach its disciplinary rules and the Certification Officer's decision was erroneous.

Citation
[2005] UKEAT 0280_05_2807
Parties
Appellant: Unison; Respondent: Ms Gallagher
Jurisdiction
United Kingdom
Judgment Date
28 July 2005
Procedural Posture
Statutory Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Disciplinary Proceedings, Union Membership Rights, Certification Officer Jurisdiction
Employment Law Trade Union Law Disciplinary Proceedings Union Membership Rights Certification Officer Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Unison

Appellant

Ms Gallagher

Respondent

Procedural Posture

Statutory Appeal / Final Judgment

Legal Issues

  1. 1 Whether exclusion from attending the National Delegate Conference as a visitor constituted an unlawful disciplinary penalty under union rules
  2. 2 Whether the union's administrative decision breached disciplinary rules

Ratio Decidendi

The union's exclusion of Ms Gallagher from attending the conference as a visitor was an administrative measure to preserve order, not a disciplinary penalty under union rules; therefore, the union did not breach its disciplinary rules and the Certification Officer's decision was erroneous.

Court Disposition

appeal allowed

Orders

  • Ms Gallagher's application is dismissed
  • Certification Officer's decision is set aside