Breach of union rules decision: Kelly v Musicians' Union

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


Kelly v Musicians' Union

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The applicant made six complaints under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached rules relating to disciplinary proceedings.

A hearing on the first complaint was held on 8 January 2019. Following the hearing, the Certification Officer upheld the complaint and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-

  1. Mr Kelly be restored to membership of the Musicians’ Union
  2. Mr Kelly be reinstated to the Recording and Broadcast Committee
  3. Mr Kelly be restored as an Approved Musicians’ Union Contractor
  4. The Union must not remove Mr Kelly’s Approved Musicians’ Union Contractor Status, or include him within the Ask us First List, on the basis of any disciplinary or other Union process which arises from Mr Kelly’s membership of the Union and which is based on information which was considered as part of the disciplinary process which began with the General Secretary’s letter of 24 January 2018.
Published 1 February 2019