Unite leader Len McCluskey has been accused of breaking union rules to sway voters during his re-election, in a legal row that could have a major impact on the future of the Labour Party.

The general secretary of Unite the Union, the largest trade union in the UK and Ireland, is facing a legal challenge from Gerard Coyne, whom Mr McCluskey defeated in the leadership election last April.

At a hearing before a retired High Court judge in London, Mr Coyne made a series of accusations against Mr McCluskey.

Mr McCluskey denies any wrongdoing, insisting he acted within the rules throughout the election.

If the judge finds against Mr McCluskey the election will have to be rerun. The acrimonious contest last year had been seen by many Labour MPs as a battle for the soul of the party.


Unite is a major donor to the Labour Party and Mr McCluskey is regarded as Jeremy Corbyn's chief union cheerleader and great protector.

Labour MPs opposed to Mr Corbyn's leadership are strongly behind the politically moderate Mr Coyne.

If Mr McCluskey - known as "Red Len" - is defeated, the Labour leader's detractors hope that it will weaken Mr Corbyn's grip on the party.

Image: Gerard Coyne was defeated by Len McCluskey for the post of general secretary of Unite

Mr McCluskey and his union tightened their grip on Labour last week when Jennie Formby, a Unite official who is mother of his child, was elected as the party's general secretary by its ruling national executive.

Mr Coyne made his allegations at a hearing before Jeffrey Burke QC, acting on behalf of the Certification Officer, the Government watchdog responsible for policing the conduct of trade unions.

Mr Coyne's allegations include:

:: Mr McCluskey acted improperly by continuing to act as general secretary after stepping down in order to force an early election and calling a contest when there was no vacancy

:: He used members' money to resource and staff his campaign, fund his election and meet the cost of travelling around the country, gaining an unfair advantage

After the hearing, Mr Coyne 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. Mr McCluskey resigned to force an election when no election was necessary.

"He styled himself during the campaign as 'general secretary of Unite' when he was a candidate in an election he had called for his own benefit. He used the machinery of Unite to gain an unfair advantage.

"Mr McCluskey has serious questions to answer. Did he know that he was breaking his union's rules?

"If he did not know, that was gross incompetence. If he knew, and thought he would get away with it, it was worse than incompetent; it showed contempt for the union and its members."

Image: Mr McCluskey is regarded as Labour leader Jeremy Corbyn's (pictured) chief union cheerleader and great protector

A Unite spokesman told Sky News: "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."

Later, responding to Mr Coyne's comments, a Unite spokesman added: "The statement issued on behalf of Mr Coyne following today's Certification Officer hearing is extraordinary and unheard of in tribunals.

"Mr Coyne's claims as to evidence heard appears to be a deliberate act that misrepresents judicial proceedings. The claims as to evidence the Certification Officer heard today are entirely false; the claimed evidence was not submitted today in written statements, oral evidence nor counsel submissions.

"This is a very serious matter for anyone concerned to see that justice is done. We are consulting lawyers about what action can be taken in regard to these incredible claims and such blatant misrepresentations."

Image: Unite is a major donor to the Labour Party

In addition to his main complaints, Mr Coyne has also alleged:

:: Full-time Unite officers assisted Mr McCluskey's campaign, in breach of a rule which required them to be neutral

:: Mr McCluskey, acting through senior officials supporting his campaign, tried to obstruct Mr Coyne from contacting Unite members. In particular, they tried to prevent him from questioning a decision to loan Mr McCluskey more than £400,000 from union funds to buy a flat in central London

:: Mr McCluskey, alone of three candidates, had access to the postal and email contact addresses of all Unite branch secretaries during the campaign - further evidence that full time staff were aiding his campaign

:: Branches that were dormant in December 2016 were revived during January 2017 and met to nominate Mr McCluskey. In each case, a full time officer acted as branch secretary

:: At least 24 branches of Unite that had nominated Gerard Coyne were sent emails telling them, wrongly, that their branches had nominated Len McCluskey

In the election for general secretary last year, Mr McCluskey received 59,067 votes (45.4%) to 53,544 (41.5%) for Gerard Coyne, and 17,143 (13.1%) for a third candidate, Ian Allinson, on a turnout of just over 12%.

Mr Coyne was suspended from his post as West Midlands regional secretary of Unite when the ballot closed on 21 April and was later dismissed, but he is still a Unite member and has since been elected chairman of a branch in the West Midlands.