Q&As

Where the executive committee of a trade union has not been elected in accordance with its own rules, or includes members who are ineligible to be members of the union, does this affect the validity of the acts of the executive committee?

read titleRead full title
Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 31/10/2019

The following Employment Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • Where the executive committee of a trade union has not been elected in accordance with its own rules, or includes members who are ineligible to be members of the union, does this affect the validity of the acts of the executive committee?

Where the executive committee of a trade union has not been elected in accordance with its own rules, or includes members who are ineligible to be members of the union, does this affect the validity of the acts of the executive committee?

The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) sets out detailed and mandatory requirements for the election to various senior position within a trade union, including Members of the Executive Committee (EC), the President and the General Secretary. It is easy for a trade union to fall foul of the complex statutory requirements or of its own Rules in the conduct of the elections or eligibility requirements.

However, if the union fails in its duty to see that the holder of every relevant position, including EC members, have been duly elected or re-elected and that they were eligible to stand, this does not affect the validity of the acts of the EC that included the invalidly elected Member of the EC.

Rather, the consequences are simply that a member of the union may seek to have the situation rectified, firstly, as a matter of internal democracy and, subsequently, by way of

Related documents:

Popular documents