Below Northern Voices publishes the decision of the trade union certification officer over the procedure used by the Unite union to investigate and discipline Alec McFadden, over a complaint of alleged inappropriate behaviour by him in October 2015. The trade union certification officer's decision shows that the Unite union, in its disciplinary procedure against Mr. McFadden, exceeded its powers. This decision is based on a failure of natural justice by the Unite union in the manner in which it treated Mr. McFadden:
Press Release 11th October 2017
Alec McFadden's press statement last night begins by declaring:'UNITE the Union has been found to have acted outside of its jurisdiction in debarring veteran Trade Unionist and Community Campaigner Alec McFadden from his elected office.'
DECISION OF THE ASSISTANT CERTIFICATION OFFICER ON APPLICATION BY
MR ALEC MCFADDEN MADE UNDER SECTION 108A OF THE TRADE UNION AND
LABOUR RELATIONS (CONSOLIDATION) ACT 1992
Mr Alec McFadden vs Unite the Union
The Assistant Certification Officer, having considered the three
preliminary issues set out in the decision in these proceedings dated
24 July 2017, has concluded that the disciplinary proceedings by
Unite the Union against Mr McFadden and the consequent penalties
imposed upon Mr McFadden were in breach of the rules of the union. He
therefore makes a declaration to that effect, pursuant to sections
108A and 108B of the 1992 Act.
The Assistant Certification Officer will give his reasons for his decision in writing shortly; however this decision is provided in advance of those written reasons so as to make it clear to the parties that the hearings in these proceedings fixed for 9 and 10 October 2017 are now unnecessary; and he directs that those hearings be vacated.
It is not clear to the Assistant Certification Officer whether Mr McFadden seeks any remedy under section 108B of the 1992 Act other than the above declaration. If he does, he must set out what remedy or remedies he seeks in writing to the Assistant Certification Officer and to the union by 17 October 2017; and the union shall respond thereto in writing to the Assistant certification Officer and to Mr McFadden by 31 October 2017.
Jeffrey Burke QC 3 October 2017
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5 comments:
Were Unite asked for a response before this was published. If not, why not? It is usual journalistic practice to ask the other party for a comment. Also, in what way did Unite breach its own rules and what remedies is Alec McFadden seeking? All this would have made for a much better report.
Thanks Brian, I've posted this on Facebook groups for Unite Greater Manchester Area Activists and the unofficial group of Unite Greater Manchester Community Branch.
Is Mr McFadden aware that Unite the Union has the right to appeal the Certification Officers' judgment, when they are informed of his detailed reasoned arguments and that this potential appeal would go to the Employment Appeals Tribunal?
Read it and my first thought was this is going to cause the woman involved more distress.
It's a bit of a mess isn't it?
The fact is that a woman was a victim here : he appears to have gained a victory over a technical issue on wording of rules. That still leaves the victim of his actions. Also from what I hear from friends still living in the area he hasn't been missed from any of the groups he was barred from and they have all got better.
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