''Cheall v APEX''
9832 AC 180 is a
UK labour law case, concerning the governance of
trade unions in the United Kingdom.
Facts
Mr Cheall was expelled by
Association of Professional, Executive, Clerical and Computer Staff (APEX) after he accepted membership, because he was a member of another union. He knew he was a member of
Association of Clerical, Technical and Supervisory Staffs
Association may refer to:
*Club (organization), an association of two or more people united by a common interest or goal
*Trade association, an organization founded and funded by businesses that operate in a specific industry
*Voluntary associatio ...
. ACTSS complained to the
TUC that APEX acted in breach of the
Bridlington Principles The Bridlington Principles are a set of rules aimed at resolving conflicts among trade unions. First drafted in 1939, they initially required that unions did not attempt to "poach" each other's members, in the interests of a cohesive, non-conflictua ...
. Mr Cheall challenged his expulsion, which followed the union's rules.
In the High Court,
Bingham J held that the union rule applied, so Mr Cheall could be expelled. The Court of Appeal overturned the High Court.
Judgment
The House of Lords,
Lord Diplock giving the lead judgment, held that the TUC Disputes Committee was entitled to hear the claim before it made its decision. Mr Cheall had no standing to be heard in the hearing between ACTTS and the TUC. He was also not entitled to be heard by APEX ‘where nothing he said could affect the outcome.’ He said the following.
[ 9832 AC 180, 191]
See also
*
UK labour law
Notes
{{reflist, 2
References
*
United Kingdom labour case law