GracesGranMK2
Can I ask a question. This is not anything other than a question to which I would like to know the answer to.
What laws have been broken?
GracesGranMK2, in regard to what legislation has been infringed in the anti-semitism debate within the Labour party, then perhaps to widen this discussion may add some clarification.
Throughout the Labour movement there are two distinct sectors. The first of those would be the staff sectors, which would consist of personnel fully employed within such bodies as Central Offices, the General Secretaries offices and Reginal/District offices. The second sector would be the much larger Lay sector, which consists of those that are not directly employed within the Labour movement but carry out work on the movements behalf. The formost of the foregoing would be such persons as Branch Chairpersons, Branch Secretaries and activists on controlling committees etc.
In the first sector, should any member of staff carry out an act of bullying, harassment, or racism against another member of staff within the office or even on social media outside of working time, then that offence would be encompassed under such legislation as the fairness at work act or the Health & Safety at Work act (Employers Duty of Care section). in the foregoing, the perpetrator would be subject to the organization's disciplinary procedures which may conclude in dismissal from employment, depending on the severity of the offence.
However, should a lay member of the Labour movement carry out an act of racism, bullying or harresment against another lay member, then the above would not apply as lay members are not directly employed by the organisation. In that, the only action Central office could engage in would be to seek to expel the offending member, but that action may well have to involve the members branch or constituency party. Outside the foregoing the police or other civil authority could take action under criminal or civil legislation depending on the severity of the offence (Incitement to racial hatred legislation etc).
That stated, matters become even more complicated should it be that a lay member of the Labour party or a trade union carried out an act of racism, bullying etc against an employed staff member. In that, no disciplinary action could be carried out against the perpetrator short of expelling that member from the organisation, but the staff member would be entitled to protection under the Employers Duty of Care legislation (part of the H&SAW act)
Hopefully, GracesGranMK2 the above demonstrates the problems Jeremy Corbyn and his office along with the General Secretaries offie are struggling with in the anti-semitism situation.
There are quite a few of us working in the office this morning, even though it is Easter Saturday, so I have just asked two of our legal Secretary's to look over what I have written above and they both concur with my analysis
The act of asking their opinions is likely to cost me a couple of drinks when we all depart for the pub later (LOL).
Now back to work