Standard of care

A recent case, Langley v GMB and ors [2020] EWHC 3619, has set out the standard of care in contract and negligence that is owed by a union when representing a member. The union’s duty, said the High Court, is to exercise reasonable skill and care in providing practical industrial relations and employment rights advice, but it is not a “quasi-legal” duty. The duty includes a general understanding of employment law, HR and industrial relations issues, reasonable skill and expertise in persuasion and negotiation, and the ability to offer tactical advice on how to seek to resolve a situation in the best interests of its member. The experience of a recognised union, said the judge, will be “particularly valuable and provide a level of insight that would not be available to a solicitor”.

The High Court ruled that in Mr Langley’s case, the GMB’s chosen strategy was in Mr Langley’s best interests, and achieved a better outcome for him than he would have achieved by relying solely on statutory employment legislation.