A recent Employmant Tribunal saw a claimant being awarded +35K after being unfairly dismissed.
This was after a long battle and was a good decision by The Court.
This long battle was not helped by the Claimant's union trying to put the mockers on the whole shebang.
First, they said they would represent the claimant.
Then they said No.
Then they said they would represent him if they thought there was a chance of winning.
Then they said No.
It was obvious to everyone that the claim was with merit.
However, the GMB seems to have been embedded with the Council in this matter.
A letter was sent to GMB headquarters reminding them of their duty to protect workers.
Passed down into the long grass.
This went to the GMB leadership : (one name has been changed)
5th June 2010
Re : Fred Bloggs v. Argyll and Bute Council.
Dear Mr Donaldson,
The union has now informed me that I will not be represented by Pauline Paxton in my Employment Tribunal case against Argyll and Bute Council.
According to the GMB website, 'GMB is a campaigning trade union focused on protecting GMB members in their workplaces …..'.
However, that does not seem to be the case in this instance.
I was sacked for my work in protecting the rights of the workers while I was on sick leave and without any chance of rebutting the allegation against me.
I was sacked as a result of my union activities yet the union has refused to represent me in my Employment Tribunal case.
This is surprising considering that the only evidence offered by the employer was :
1) an anonymous witness statement by someone who was offered inducements to perjure himself
2) a series of conversations covertly taped by the Council's representative.
Such an attack on union rights using such methods would have been expected to have been of some interest to the union lest it become the norm.
The union lawyers have said they can only act in cases which they think have a 51% chance of success.
However, Pauline Paxton thinks my case has a very strong chance of success bearing in mind that the Council evidence, from an 'anonymous witness', was comprehensively rebutted by The Sun newspaper reporter who appeared as a witness for me.
In the past, the union was quite happy to defend the clearly indefensible with respect to 'Bollinger Bob' of whom The Independent said :
'Robert Parker was forced to resign as leader of the GMB general union in Scotland in March last year after four complaints of bullying and harassment were lodged against him at employment tribunals by his own staff. All were settled with the union's funds taking a hammering. The biggest payout, of £300,000, was made to Margaret McAvoy, Parker's former PA, who claimed he had sexually harassed her.'
Of course, he was the Regional Secretary and well worth nearly two million pounds in the process.
The full time official, Pauline Paxton, seemed very keen to represent both Craig Lauffer and myself in our cases. However, the union stopped her representing him in his tribunal and have now stopped her from representing me in my tribunal.
That is truly scandalous given the context of us having been sacked for working to ensure that workers have a safe workplace.
I would ask you to re-consider the decision not to allow me union representation at my tribunal.
Yours faithfully Fred Bloggs.
Cc Paul Kenney, GMB General Secretary
He won his case.
The Union didn't help.
They still took his Union dues.
More to follow, I am sure.