UNISON Public Statement on Employment Tribunal case of Kelly and Others –v- UNISON

"UNISON welcomes the ruling by the Employment Tribunal that the union did not discriminate against four members on grounds of their political beliefs when it disciplined them for producing and distributing a leaflet that was alleged to be offensive and racially discriminatory.

The ET unanimously dismissed all the claims brought against UNISON by branch officers Brian Debus, Onay Kasab, Glenn Kelly and Suzanne Muna.

UNISON has not made any public comment or comment to its members during the three years since the original publication of the leaflet. It is however now appropriate to set out the background to the case and to give a short summary of the ET’s decision.

Background

At the 2007 National Delegate Conference (NDC) the four members produced a leaflet alleging that the Standing Orders Committee (SOC) were rejecting an unprecedented number of motions. The leaflet questioned whether this was because the motions were controversial.

The leaflet carried a cartoon depicting the SOC as the three wise monkeys.

Clytus Williams, the Chair of the SOC a black man. Given this, some delegates found the cartoon not just unfunny, but offensive and racist.

The chair of the Black Members Committee said it “belonged in the past with Bernard Manning”. Members of the SOC also complained that the leaflet was insulting to them generally.

An investigation was launched into the conduct of the four members. This was followed by disciplinary action.

The ET decision

The ET found that the members’ beliefs did not fall within the protection of the Religion and Belief Regulations (2003), which outlaw discrimination on grounds of religious or philosophical beliefs.

It added that their views “conflict with the fundamental rights of others and the dignity of the individual and are not worthy of respect……..in a democratic society” and concluded that philosophical beliefs do not include political beliefs.

However the ET also considered whether the members had been subjected to any discrimination on grounds of their political beliefs, whether or not they were covered by the regulations.

The ET’s conclusions:

1. The four members alleged that the decision to launch an investigation into their conduct for producing and distributing the leaflet was direct discrimination and harassment on grounds of their beliefs – specifically that they were Marxists/Trotskyists and members of The Socialist Party.

The ET found that, given the strength of feeling about the leaflet, it was entirely reasonable for Unison to consider the perception of the leaflet as being racist and to deal with that by ordering an investigation into its production.

The ET found that, given Unison has a policy of equal treatment, it was “not an option” for Unison “to do nothing”.

2. The ET also concluded that it was appropriate for Malcolm Cantello, the then UNISON President, “to consider that the leaflet was offensive and denigrated the chairman and members of the SOC, for Mr [Clytus] Williams to consider it was insulting to the SOC, and for [Unison] to investigate it under their rules”.

The ET did not require UNISON to explain why its action against the four members was not discriminatory because it said there was a complete lack of evidence of discrimination.

3. The Claimants alleged that the full investigation into their conduct carried out by two national officers , amounted to direct discrimination and harassment on grounds of their beliefs.

The ET unanimously dismissed these allegations, saying that the national officers “did not approach their investigation with a pre-judgment based on the philosophical belief of the Claimants of which they were aware”.

4. The members alleged that the decision taken by the NEC to move their cases to a formal disciplinary hearing, the manner in which the disciplinary process was conducted and the length of time taken to hear their disciplinary case amounted to direct discrimination and harassment on grounds of their beliefs.

The ET unanimously dismissed these allegations, finding that the members had failed to provide any evidence that their treatment was on grounds of their beliefs".

(As a UNISON London Regional Council Officer I was sent a copy of this announcement.  After all the deliberate untruths, smears and abuse heaped upon the union by unrepresentative extremists and their supporters I hope that this true message is now spread as widely as possible - John Gray)