ET Claim against a Trade Union

[tiger1211]

Hi, I would very much appreciate your help.

I Whistleblew to my employer some time ago and then proceeded with an ET claim against my employer for 'detriments' which is at the Preliminary Hearing stage. I wasn’t supported by my Trade Union and I feel really aggrieved that they turned against me. I raised a formal complaint to the union. Subsequently I raised a claim to Employment Tribunal against them, this was following the advice I found online, here-
https://www.consumeractiongroup.co.u...t-trade-union/
(see the 4^th post down,from papasmurf1cx, dated July 23, 2011)
*
At the Preliminary Hearing in the case against my employer, it was judged that I was a disabled person under the EQA. I’m unsure whether this has any relevance to my claim against the TU?
*
This week I was informed by the Tribunal that they had no Jurisdiction to hear my claim, as…. ‘it does not come within section 145 of the Trade Union and Labour relations (Consolidation) Act 1992 – that is where a person refuses to deal with a supplier or perspective supplier of goods on union membership grounds’.
*
Please does anyone have any ideas as to a way forward ? …. Thank you. (I would prefer to have this heared by an ET if possible)



*
For information - The below extract is taken from EQA section 57 (Trade organisations). The below being specific to my claim:
*
(2)A trade organisation (A) must not discriminate against a member (B)—
*
(a)in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;
*
(d )by subjecting B to any other detriment.
*
(3)A trade organisation must not, in relation to membership of it, harass—
*
(a)a member
*
(5) A trade organisation (A) must not victimise a member (B)—
*
(a )in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;
*
(d) by subjecting B to any other detriment.
*

[ULA]

Unfortunately that was incorrect advice since you cannot bring an ET claim against your union as they are not your employer. ET are only there to hear claims between workers and employers.

Did you get any response from the Union to your complaint?

[tiger1211]

Thank you. I did get a response from my TU to my complaint, but the response did not satisfactorily address the complaint.

Further, having reviewed the Trade Union and Labour relations (Consolidation) Act 1992. I'm even more confused, that the Tribunal are stating it does not come within section 145 - Refusal to deal on union membership grounds prohibited. I would be more accepting of this, if the Employment Tribunal had stated it does not come within Section 63 - Right not to be denied access to the courts or Section 64 - Right not to be unjustifably disciplined - These being the two sections that are more relevant to my situation.

Assuming I have a Claim under Section 63 and/or Section 64, presumably it should be brought before an Employment Tribunal (in the same manner as if it was a claim under section 145) ?

*

[ULA]

The Trade Union and Labour relations (Consolidation) Act 1992 regulates the operation of trade unions and industrial action, governs relations between employers and unions and union members and the union.

As already stated, since you are not an employee of the union you cannot bring a claim against via an Employment Tribunal.
*

[tiger1211]

Hi Thank-you again, the below is a cut and paste from the uk.gov website. Which seems to contradict what you are stating.

'When you can claim

You can make a claim to an employment tribunal if you think someone has treated you unlawfully, such as your employer, a potential employer or a trade union.

*

[redstar]

Are you trying to build a case for trade union not supporting you? Should your case not be against employer for aparant dismal due to whistleblowing ? What reasons did the union decline represetion? What is the grievance against employer? Sorry copy and paste part possible psuedo advice will not give you an answer.What was grievance towards employer ? What action did employer take against you? Why do you believe union failed or did not represent you and how long where you a member? Did you have to have min term if membership before represetion? Why do you believe disability has effected outcome or what has transpired? Please be short and sweet facts and answers only so all members can try and help

[tiger1211]

Hi, Thanks in answer -

Are you trying to build a case for trade union not supporting you? Yes

should your case not be against employer for apparent dismal due to whistleblowing? That is a separate case and I'm not seeking advice from this board in respect of my claim against my employer, but thanks anyway.

What reasons did the union decline represetion? They have not stated. I was represented at Rep level, but I believe the rep was put under duress or induced and hence he withdrew his support towards me. I requested that the union evidence their support for me by making a written representation to my employer on my behalf, they failed to do so. Officials suggested that my claim against my employer was well out of time for make a claim to Tribunal. Due to mental health issues (depression) the TU official suggested I contact the unions Personal Injury solicitor (which came to nothing), thus further delaying lodging an ET claim (against my employer). Noting - the Claim against my employer is currently at the ET Preliminary Hearing stage.

What is the grievance against employer?
Sorry copy and paste part possible psuedo advice will not give you an answer.What was grievance towards employer ? What action did employer take against you? That is a separate case and I'm not seeking advice from this board in respect of my claim against my employer.

Why do you believe union failed or did not represent you and how long where you a member? The problems I experienced with my employment pre-dated my union membership. However the rep was aware of this and was initially very strong in supporting me.

Did you have to have min term if membership before represetion? Not that I'm aware of, the rep knew all the circumstances of my longstanding employment*and health issues. I.e. he could have stated that he wouldn't represent me on those grounds, but he didn't.

Why do you believe disability has effected outcome or what has transpired? I'm not sure this is relevant, although at the time of complaint against the union, I had an impairment, i.e. a disability for the propose of EQA 2010.

Please be short and sweet facts and answers only so all members can try and help Thanks hopefully.... I don't believe what I have encountered with this TU is an uncommon situation with TU's unfortunately.
Thank you.
*

[ULA]

What did you state in your ET1 form against your Union at section 4.1 and 8.1?

[tiger1211]

'Discrimination and detriments claim against a Trade union'.

[redstar]

Sorry Tiger I am in no way qualified but from what I can glean you need to establish why the rep withdrew support it seems a bit wishy washy according to different unions what are their commitment s I hope you get more coherent advise from this site and keep is updated it is very unorthodox for union to withdraw support imo and why Good luck and keep us updated we may be able to in part help*
*

[Manxman]

Hi Tiger1211 - I'd be amazed if you could take the union you are a member of (as opposed to an employee of) to an Employment Tribunal.*

However, the government website is confusing -*it says this on the main ET page:* "We’re responsible for hearing claims from people who think someone such as an employer or potential employer has treated them unlawfully.

Examples of unlawful treatment claims that we may hear include:

• unfair dismissal
• discrimination
• unfair deductions from pay"

But says this on the Make a claim page:* "You can make a claim to an employment tribunal if you think someone has treated you unlawfully, such as your employer, a potential employer or a trade union.

Unlawful treatment can include:

• unfair dismissal
• discrimination
• unfair deductions from your pay"

You'll notice the second mentions a trade union, but the first doesn't.* I think the reference to a TU in the second quote may be an error on the government website (?).* I'm not sure.

I may be wholly mistaken (I'm no employment law expert) but I do not understand how or why you would take your TU to an ET.* Just sue them through the usual court system.* But what grounds would you sue them on?* They are not obliged to represent you at an ET, although you may be able to win this argument if you can show they chose not to represent you because you're disabled.* Can you demonstrate that?

I would not place too much reliance on that CAG thread you link to.* That thread was about a TU missing deadlines to file a claim and the post you refer to is not clear - was that an ET claim; was it just a court claim; was it just settled out of court?* It's somebody saying "We took my wife's union to an ET and won on disability discrimination grounds".* Where's the detail?
*

[tiger1211]

Just to provide a brief update on this....... I have just had the final hearing for this. I brought claims against the trade union under TULR section 65 (1) An individual is unjustifiably disciplined by a trade union if the actual or supposed conduct which constitutes the reason, or one of the reasons, for disciplining him is (a).... etc

also under section 174 Right not to be excluded or expelled from union. (1) An individual shall not be excluded or expelled from a tradeunion unless the exclusion or expulsion is permitted by this section......

I missed a few tricks in lead up to the Final Hearing ....1) I failed to recognise that the Union had ommitted their duty of disclosure and 2) the witnesses the union put forward were full time officials, not the lay reps that I had been supposedly supporting me, but didn't. Hence there was alot of subjectivity as to why the lay reps omitted to suppport me as i was alleging.

The context of all this was in my whistleblowing against my employer, the union reps were siding with my employer or so it seemed.

Another thing I raised two claims against the same TU; one in 2020 and another in 2021, which were consolidated ...joined together. The circumstances were very similar. In relation to the second claim the Respondent (the union) ommitted to put forward a draft list of issues until the day before final hearing. I had to make an oral application to get extra issues (equality /disability 'claims') added but the judge rejected this as i had articulated it well enough within the ET1's.

Lessons learnt:

1) Submit applications for specific disclosure.

2) Make sure you get all 'parts' of your claim 'in' at the earliest opportunity. Make sure you get everthing down on your ET1, as you will face an uphill battle adding to your claim at a later date.

3) If you can't prove your claim given the witnesses put forward by the Respondent ... apply for witness order / or perhaps withdraw your claim at the earliest opportunity.


Lastly, this is my second attempt at litigation in the Employment Tribunals.... unless you have a very very strong case, then perhaps do not bother as the judges seem to have a strong bias and the process may affect your health. There is only a very small chance of you getting the correct outcome, however strongly you feel that you have been mistreated it is very unliekly you are going to win.

If you read what other have said along the lines ET's are biased towards employers (and Trade unions!)... that is pretty much my expereience.

Good luck!

[ULA]

Thanks tiger1211 for the update on your claim and your experiences going through the ET process.

[Manxman]

tiger1211 - thanks for the update.

Sorry, but you don't actually say the outcome. Did you lose?