Union Member's Appeal Partially Upheld in Dispute Over Suspension and Election Code
A union member's appeal against Prospect was partially upheld by the EAT, concerning his suspension and alleged breaches of the General Secretary election code.
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Union Member Wins Partial Victory in Tribunal Appeal
In a recent judgment, the Employment Appeal Tribunal (EAT) has partially upheld an appeal brought by Mr. Evans, a member of the trade union Prospect, against decisions made by the Certification Officer (CO). The case, Evans v Prospect, Certification Officer, ACAS, and Secretary of State for Business and Trade [2025] EAT 143, centred on Mr. Evans’ suspension from union office and alleged breaches of the union's code of conduct for General Secretary elections.
Background of the Case
Mr. Evans, an officer within a sector of Prospect, was suspended from his position pending an investigation into allegations of bullying and harassment. He subsequently complained to the CO, arguing that his suspension was in breach of the union's rules. Additionally, he raised concerns about a statement issued by Prospect's President regarding the re-election of the General Secretary, claiming it violated the election code of conduct.
Key Tribunal Findings
- Bias Allegations Dismissed: The EAT dismissed Mr. Evans' claims of bias against the Certification Officer, finding no evidence to support the assertion that the CO's decisions were influenced by external factors or relationships.
- Suspension Complaint Rejected: The Tribunal upheld the CO's decision to strike out Mr Evans' complaints regarding his precautionary suspension. The EAT ruled the suspension fell within the NEC's powers, did not constitute a disciplinary sanction, and the union’s rulebook allowed for precautionary measures during investigations.
- Election Code Appeal Upheld: The EAT found that the CO erred in her interpretation of Prospect's election code of conduct. The CO wrongly concluded the code only applied when two or more candidates were nominated. This part of the appeal was allowed and remitted to the CO for fresh consideration.
- Further Application Struck Out: While allowing the appeal against the CO's decision not to accept a further application from Mr Evans, the EAT directed it be struck out unless Mr Evans could provide reasons otherwise.
Implications for Trade Unions
This case provides important guidance on the interpretation of trade union rulebooks and the powers of union executive bodies. The EAT's decision underscores the need for unions to have clear and justifiable rules and procedures for disciplinary matters and elections.
What Happens Next?
The case has been remitted to the Certification Officer for reconsideration of the appeal regarding the breach of the election code. Mr Evans has the opportunity to show cause why his further application of the matter should not be struck out.
Read the entire judgement here: Evans v Prospect and Ors [2025] EAT 143
