Alec McFadden asks Unite to behave 'gracefully'

The statement below is Alec McFadden's legal 
representative's response to Alex Flynn,  Head of Unite 
media and campaigns: 

‘Mr McFadden’s challenge was not technical.  It was based not merely on his vehement denial of the trumped up allegation but also on the blatantly unfair procedure used against him which included the refusal of both the disciplinary and the appeal panel to even call the complainant to appear before them, thus preventing them or Mr McFadden questioning the complainant.  It was based also on the refusal of the appeal panel to even consider evidence that the allegation against Mr Mc Fadden was fabricated. Unite charged Mr McFadden under a rule which Unite, which the ACO (Assistant Certification Officer) held did not apply, and he rejected Unite’s remarkable defence that the rule meant the opposite of what it said. 

 

‘To suggest now that Unite may bring another, different charge under a different rule more than two years after the allegation was made, demonstrates nothing less than persecution of Mr McFadden.  It is impossible to see how the Unite disciplinary process (already found by the ACO to be fatally flawed) could ever have the appearance of justice if it is to rest on bringing repeated charges at two year intervals until a conviction is finally secured.  Unite has spectacularly failed to conduct its disciplinary proceedings fairly or in accordance with its own rules and it should now accept the CO’s findings gracefully and let Mr McFadden return to his valuable work for the union.’