Legal News

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

Published on: 24 February 2021
Published by: LexisNexis
  • Trade union disciplinary decisions not subject to res judicata doctrine (Unite the Union v McFadden)
  • 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. or take a trial to read the full analysis.

Popular documents