Breach of union rules decision: Gallagher v UNISON

This document contains the decision made by the Certification Officer in this case.


Breach of union rules decision: Gallagher v UNISON (D/5/05)

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The claimant alleged that the union had breached a rule in relation to the imposition of disciplinary penalty. The Certification Officer upheld the complaint and issued an enforcement order.

Note: This decision was appealed by UNISON to the Employment Appeal Tribunal (EAT). In a judgement delivered on 28 July 2005 (UKEAT/0280/05/MAA) the EAT upheld the appeal. The EAT substituted it own decision for that of the Certification Officer and dismissed Ms Gallagher’s application.

The full text of the EAT decision can be found on the EAT website at

Published 8 April 2005