Oni v Unison Trade Union UKEAT/0092/17/LA

Appeal against the dismissal of the Claimant's claims against her employer and her former union. Appeal dismissed.

In 2009 the Claimant presented complaints of unfair dismissal, race discrimination and victimisation against her former employers (the Trust). The claims were dismissed in February 2011. In March 2011 she presented claims against the Respondent Unison, her former union, alleging race victimisation and detrimental treatment by its representative in connection with her claim against the Trust. The claims were dismissed in 2013 and costs awarded against her in 2014. In 2016 she issued the present claims against the Respondent Unison, alleging breach of her contract of membership in respect of the claims against the Trust and against Unison; and that she had been unjustifiably disciplined by Unison in pursuing her for costs in the previous claim. The breach of contract claim was made on the basis that it fell within the ET's jurisdiction under Article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the 1994 Order). No early conciliation certificate was obtained before presentation of the claim. The ET struck out the breach of contract claim on the bases that Article 3 of the 1994 Order applied only to claims of an employee against her employer; and that in each claim the requisite Early Conciliation certificate had not been obtained. The Claimant appealed.

The EAT dismissed the appeal. On its proper construction Article 3 of the 1994 Order was confined to claims of an employee against the employer for breach of the contract of employment or of another contract connected with that employment. Also, correspondence between Unison and ACAS in 2011/2012 was not 'contact' in relation to the same dispute as in the present claim (Regulation 3(1)(c) Employment Tribunals (Early Conciliation: Exemption and Rules of Procedure) Regulations 2014).


Published: 08/02/2018 10:16

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