Mr I MacFarlane v GMB Trade Union — 2026

Mr MacFarlane brought a complaint under section 64 of the Trade Union and Labour Relations (Consolidation) Act 1992 alleging that GMB Trade Union had unjustifiably disciplined him by depriving him of access to benefits, services or facilities of membership. The alleged discipline was the respondent's refusal to provide help, support, advice, guidance, or legal assistance in relation to litigation against his employer. The claimant was not pursuing breach of contract, bad faith, or professional negligence claims.

The tribunal held that time ran from the making of the determination alleged to infringe the right. It rejected the claimant's argument that there was a rolling or continuing detriment up to 4 July 2024. The tribunal found that the respondent's final decision not to provide litigation support had been communicated by 15 August 2023 at the latest, including by an email from Denise Walker stating that legal assistance would not be provided and that the matter was closed. Later non-engagement was treated as the continuing consequence of that decision, not a new determination.

The claim was presented on 27 November 2024, after ACAS early conciliation began on 24 September 2024 and ended on 28 October 2024. The tribunal found that the claim was not presented within three months of 15 August 2023, even allowing for early conciliation. It also found that it was reasonably practicable for the claimant to have presented the complaint in time: he knew about tribunal claims, had awareness of limitation issues, and could have made enquiries or sought legal advice.

The tribunal was satisfied that the delay was not wholly or partly attributable to a reasonable attempt to appeal, reconsider, or review the determination. It also found that the claim was not brought within a further reasonable period, given the significant delay and absence of exceptional circumstances. The section 64 claim was therefore struck out under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024 as having no reasonable prospects of success. No remedy was awarded, and the listed case management hearing was vacated.