Employment Appeal Tribunal Hears GMB Appeal

An Employment Appeal Tribunal held in London on Tuesday 25th September and Wednesday 26th September has heard the GMB Trade Union argue that it is not unreasonable to maintain rigid procedures in relation to dealing with grievances.

In June 2006, an Employment Tribunal had ruled that in the case of Jane Brown v GMB Trade Union, the GMB’s “unreasonable unwillingness to relax procedures” prevented Jane from airing a grievance. That, said the ET Judgment was “a fundamental breach of contract” which amounted to constructive unfair dismissal. Two months later, the GMB was ordered to pay Jane £40,883.63 compensation.

Jane Brown began working for the GMB in June 1998. In 2001, the then Regional Secretary, Mr Curran appointed her regional Political and External Relations Officer. However, when Mr Curran left to become the Union’s General Secretary in 2003, Jane’s problems began. His successor, Mr Brennan changed her role without her agreement whilst making it difficult for her to raise a grievance which could be fully and fairly investigated. The GMB is also claiming that the level of compensation is too high.

Her solicitor Joanne Stronach from Burnetts in Carlisle said, “I am hopeful that the Appeal Tribunal will find that the principles of good industrial practice, which the original Tribunal applied, do apply in cases like this. It’s not unreasonable for an employee to expect a little flexibility in procedures especially where they are affected by illness caused through stress at work.”

Jane was represented at the Employment Appeal Tribunal by Seamus Sweeney from Plowden Chambers in Newcastle.

A judgment is expected in 2 – 3 weeks.

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For further media information please contact Angela Huck on 01228 552222 or at ash@burnetts.co.uk.

26th September, 2007