Trade union disciplinary decisions not subject to res judicata doctrine (Unite the Union v McFadden)

Table of contents

• What are the practical implications of this judgment?
• What is the relevant background?
• Relevant law
• Factual background
• Decision of the Certification Officer
• Decision of the EAT
• What did the Court of Appeal decide?
• Case details

Article summary

Employment analysis: Neither the doctrine of res judicata, nor the abuse of process principle in Henderson v Henderson, apply to internal trade union disciplinary proceedings against its members, although a union will act unlawfully if it fails to abide by the rules of natural justice in such proceedings, according to the Court of Appeal.