Expelling fascists

Unions can expel members of the British National Party, provided there is a union rule that covers the manner of the expulsion.

The facts

C Potter was expelled by public services union UNISON on the grounds of his conduct as a British National Party member. He did not challenge the expulsion, but later applied to rejoin the union. This request was turned down, leading Potter to claim that the refusal was a breach of section 174 of the Trade Union and Labour Relations (Consolidation) Act 1992, which restricts unions' right to exclude or expel individuals.

The ruling

The Employment Appeal Tribunal (EAT) held that Potter had no grounds for a claim. The initial expulsion had not been challenged within the time limits laid down in the legislation, and the refusal to readmit him into membership was in conformity with a union rule that gave the union the right of refusal where the individual had previously been excluded.

Potter v UNISON EAT/0626/03