Case - NUM (Yorkshire Area) v Millward

[1995] ICR 482, Employment Appeal Tribunal - John Hendy QC, Michael Ford QC

Appeal by the National Union of Mineworkers from an order of the Certification Officer made on the complaint of a limited member that he had been denied a vote on an instrument of transfer of the Yorkshire Area's engagements to the National Union of Mineworkers. HELD: Limited members were not members within the meaning of s.100b of the Trade Union and Labour relations (Consolidation) Act 1992 requiring entitlement to vote to be accorded equally to all union members. Limited members were those who had left the industry by accepting voluntary redundancy. Therefore limited members were not entitled to vote on a ballot for the transfer of engagements. Appeal allowed.

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