The Claimant was Chair of the London School of Economics (LSE) branch of the University and College Union (UCU). Complaints made against him were upheld by an NEC Panel of the Respondent and his appeal against the decision was dismissed. He then submitted a set of 9 applications to the Certification Officer, alleging that the disciplinary procedure applied in his case had been unlawful in a number of ways. The CO decided that his applications fell within the CO’s jurisdiction, that some had been made in time and some not, but that none of them was arguable and that therefore they “could not be accepted” by the CO’s office. The Claimant appealed to the EAT.

The EAT allowed the appeal. The Certification Officer erred in law by refusing to accept a series of applications made by the Claimant, deciding that they were not arguable. The case did not fall within the limited circumstances in which the Certification Officer may refuse to accept an application under section 108B of the Trade Union and Labour Relations (Consolidation) Act 1992 because internal procedures have not been exhausted, and it was common ground that the circumstances were not such that the case could have been struck out under section 256ZA of that Act.