The Professional Trades Union for Prison, Correctional v Secure Psychiatric Workers ("The POA")

Trade union rules are contractual and should be read as a whole, reasonably and in light of their purpose. Whether an office-holder has resigned turns on the objective meaning of their words or conduct in context, rather than their undisclosed intention.

An automatic cessation rule and a rule disqualifying an office-holder who resigns may both be relevant. The applicable rule depends on the facts. A person who leaves qualifying external employment may nevertheless remain a full member through paid employment by the union. A clear communication that the person is standing down from union office can therefore engage the disqualification rule.

The Union appealed against a Certification Officer’s declaration under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992. The declaration held that the Union had breached Rule 10.9 by disqualifying Mr Rolfe from National Executive Committee office until 2026.

Mr Rolfe had been elected National Chair. When he became a parliamentary candidate, he resigned from the Prison Service and sent the NEC a letter explaining that he would no longer be a full Union member or an NEC member. The Certification Officer held that he had ceased automatically to hold office under Rule 10.8, rather than resigned under Rule 10.9.

The central issue was whether, on a proper construction of the Rules and of the letter, Mr Rolfe had resigned from the office of National Chair.

1. Appeal allowed. The Certification Officer’s declaration was set aside and substituted with a decision that the Union had not breached Rule 10.9.

2. Trade union rules are contractual. They must be construed as a whole and reasonably, with proper regard to their purpose and intended readership. Rule 10.9 was intended to prevent elected NEC members from opting in and out of office in a manner causing cost and disruption to Union business.

3. Rule 10.8(b) provides for automatic cessation of NEC membership when a person ceases to be a full Union member. Rule 10.9(a) is narrower: it applies where an NEC member resigns from office. The rules are not mutually exclusive, and Rules 4.1 and 4.2 do not themselves determine whether Rule 10.9 applies.

4. A person qualifying for full membership both through Prison Service employment and through paid Union office could resign from the Prison Service while remaining a full Union member as National Chair. The Certification Officer therefore erred by treating the potential operation of Rule 10.8 as making resignation from office impossible. Her focus on whether the NEC should have explored an option for Mr Rolfe to remain Chair addressed the wrong and legally irrelevant question.

5. The correct question was whether Mr Rolfe’s words and conduct, fairly read in context and objectively understood, communicated a resignation from the office of National Chair. Resignation is voluntary departure from an office. The word itself need not be used, and subjective intention is not decisive.

6. The letter clearly acknowledged that candidacy for the Labour Party was incompatible with continuing as National Chair, referred to his departure, and expressed regret at making that decision before the end of his term. The Union was entitled reasonably to understand it as a resignation. Rule 10.9 therefore applied.

• Employment Appeal Tribunal: Allowed the Union’s appeal and set aside the Certification Officer’s declaration.
• Certification Officer: Declared that the Union had breached Rule 10.9 by disqualifying Mr Rolfe, having found that he had ceased automatically to be an NEC member rather than resigned from office.