Unite has acknowledged that Jerry Hicks may win his legal challenge to Derek Simpson. That’s why it has suspended its rule book. The first piece here is a statement Jerry issued yesterday and the second was put out by the union today.

An emergency meeting of the National Executive of Unite, Britain’s biggest trade union is taking place on Thursday October 9^th to discuss the legal challenge to Derek Simpson launched by former Rolls Royce Convenor and  Amicus Executive member Jerry Hicks.At the meeting Derek Simpson will seek authorisation from the Executive to suspend the rulebook that was voted in by 95.3% of all members of Unite in a ballot held two months ago. He will then seek nomination to stand for election as General Secretary in the Amicus section of Unite for a period of office until 2010.

But such a move to suspend the rulebook, or deny all members a vote in an election, could spark additional legal challenges from members of Unite.

Jerry Hicks said today

“The National Executive are about to make a big and very costly mistake and that they have been extremely ill advised as to their authority in this matter”.Mr Hicks is equally convinced that any decision to suspend the rule book will be successfully challenged and that at some point either before during or after the election it will be declared invalid and so immediately trigger the need for a further election.

The new rulebook is due to come into force on the 1^st November and would abolish the separate sections of the union. With a successful challenge from Jerry Hicks an election for a new General Secretary would have to be held for the whole of Unite next year.

The legal challenge to Unite Joint General Secretary Derek Simpson questioned his right to remain in office beyond 65 without an election, and is still under investigation by the government appointed Certification Officer.

Derek Simpson and others once described the legal challenge as having ‘no chance’ of success. But in a swift about face Derek Simpson met last Sunday morning in Wetherby with Unite Officers and supporters to organise for an election in advance of the emergency National Executive meeting.

Mr Hicks has announced that if there is to be an election either as a result of his legal challenge or by way of the latest developments then he will stand as a candidate for a new General Secretary despite the fact it may well have to be re-run.

Unite to hold election for Joint General Secretary

9 October 2008

The Executive Council of Unite has today (Thursday) called an election in the Amicus section of the union and has postponed the full integration of the union until May 1st, 2009.

The election has been agreed in order to safeguard the provision, as set out in the general rules and instrument of amalgamation of Unite, for the continuation of the General Secretary of the Amicus section in office as a Unite Joint General secretary until December 2010.

Unite members have voted overwhelming in favour of this provision in two previous secret ballots.  However, the Executive Council has taken this course of action in light of the potential success of a legal challenge to these arrangements brought against the union by a single member.  It is the view of the Executive that an election now will ensure that the members’ desire to safeguard the agreed rules of Unite is respected.

To enable the election process of the Amicus section General Secretary and to allow further time to ensure the full integration of Unite, the Executive Council has delayed the implementation of the Full Rules of the union until May 1st, 2009. The rules were otherwise due to be implemented from November 1st, 2008.

The election in the Amicus section will be concluded on March 9th, 2009, with the winner holding office for a year, from December 2009 to December 2010.