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This decision relates to Mr Simpsons application under 108A (1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union breached its rules relating to the disciplinary process. This was originally determined by the Certification Officer on 18 February 2021 (D.23-25.20-21).

On appeal, the Employment Appeal Tribunal remitted a matter back to the Certification Officer for consideration. The issue the Certification Officer had to consider was whether the disciplinary process adopted by the Union gave rise to an appearance of bias by way of pre-determination. The case was determined on written submissions alone. The Certification Officer did not uphold the complaint.