Unjustifiable discipline

A union "unjustifiably disciplined" a member when it expelled her for complaining that officers had broken union rules.

The facts

Trade unions are prevented from disciplining members in certain specified circumstances - for example, in connection with refusing to support taking industrial action.

Denise Forcer asserted that officers of the bakery union BFAWU had broken union rules by refusing to support her claim that supervisors who were also union members had harassed her. Forcer, who no longer works in the industry, was expelled from the union and made a claim of unjustifiable discipline.

The ruling

The EAT agreed that Forcer's expulsion amounted to an unjustifiable discipline. It awarded her £12,000 in damages for injury to feelings and aggravated damages, and ordered costs against the union.

Forcer v BFAWU UKEAT/0634/03