Unite to Face Judge Over McCluskey Election

By Rajeev Syal of The Guardian

Background to the Election Dispute

The battle for control of Britain’s biggest union, Unite, will be decided by a retired high court judge next year. A leaked document reveals that Len McCluskey, a close ally of Jeremy Corbyn, is alleged to have been unfairly re-elected as general secretary.

Appointment of Jeffrey Burke QC

The certification officer has appointed employment law specialist Jeffrey Burke QC to hear the complaints lodged by Gerard Coyne and Richard Brooks. According to the letter, a preliminary or case-management hearing is likely within weeks, with a full hearing scheduled for next summer.

Key Allegations in the Complaint

The claims centre on 10 alleged rule breaches, including:

• Database access: Allowing McCluskey’s team to use membership databases while restricting Coyne’s campaign.
• Resource misuse: Preventing inquiries into whether union assets were used to assist with the purchase of a luxury flat.
• Harassment: Repeated incidents involving union employees targeting Coyne and his supporters.
• Robocalling: An alleged unlawful telephone campaign to influence members in the closing days of the ballot.

Potential Impact on the Labour Party

Unite is the largest financial backer of the Labour party, and McCluskey’s support has been critical for Jeremy Corbyn’s leadership. A finding against Unite could lead to a re-run of the election—an unusually bold decision for the certification officer but one that cannot be ruled out.

Legal Representation and Previous Cases

Gavin Millar QC will represent Coyne against McCluskey. Burke, who has previously ruled against Unite in an unfair dismissal case and acted for London Underground in high-profile injunctions, is described by colleagues as “thorough, hardworking and a believer in the rights of unions.”

Next Steps

If Jeffrey Burke QC decides that the complaints merit a full hearing, both sides will present evidence and witness statements. Unite remains confident that its election procedures were properly followed, while Coyne seeks not only a fresh ballot but also reinstatement as a regional secretary.

For ongoing coverage of the Unite election dispute and related developments, see our detailed report.