A hearing that could decide the future direction of the Unite union was told on Tuesday that Len McCluskey broke the rules by continuing to act as general secretary after he stepped down from the post.

Gerard Coyne, who narrowly lost to McCluskey in April 2017, claimed that the incumbent acted improperly by calling a contest despite the fact there was no vacancy.



The hearing is being monitored by all factions within the Labour movement because Unite is Labour’s biggest donor, supports Jeremy Corbyn’s office and has former and current employees in key roles in the party.



Jeffrey Burke QC, acting on behalf of the certification officer, is being asked by Coyne to order a rerun of the contest on the grounds that, according to the union’s rules, it should not have been held. Burke, a retired high court judge, is expected to deliver his verdict after Easter. If he decides Unite’s rules were broken the general secretary contest will be declared null and void and a new contest will be called.

Oliver Segal QC, for Unite, questioned Coyne over his interpretation of the union’s rules and asked why he and his supporters had not raised the apparent rule breach in December 2016 when the election was called.



Coyne said: “I was concentrating on campaigning for the election at that time.”



The hearing took evidence from Gail Cartmail, who was appointed as acting general secretary during the four-month campaign. Gavin Millar QC, acting on behalf of Coyne, questioned why she appeared at the hearing on behalf on the union instead of Andrew Murray, the union’s chief of staff. Murray became a part-time consultant to Corbyn in February.



Coyne’s solicitors argued that the union’s rules prescribe a five-year term for the general secretary unless there is a vacancy. They also claim, among 10 complaints, that the union used facilities to stop Coyne from pursuing an investigation into whether union facilities were improperly used to buy a £700,000 flat for McCluskey.



In a statement after the hearing, Coyne – who was sacked as Unite’s regional officer for the West Midlands after losing to McCluskey – said: “I decided to take legal action on behalf of Unite members who deserve a free and fair election. They didn’t get one last year. This is not about me. It is about ensuring the voices of Unite members are heard.”



A Unite spokesman said: “Unite is firmly of the view that it acted in accordance with the union’s rules and interpreted them correctly in calling an election for general secretary. It should be noted that when the general secretary election was called no complaints or objections were made by Mr Coyne or any other individuals. Unite is confident that the judge will share the union’s view that it acted correctly and reject the complaint when he makes his ruling in the coming weeks.”



Tuesday’s hearing was called to hear the first of 10 complaints made by Coyne to the certification officer, the unions’ watchdog, about the conduct of the election. If it finds in favour of McCluskey and Unite the remaining allegations will be considered at a separate week-long hearing in June.

