The trade unions regulator has rejected eight out of 10 complaints made against the Royal College of Nursing by its former chair of council.
Dave Dawes argued that the RCN had breached union rules in its handling of his suspension and then expulsion from the college in 2021 and 2022.
The disciplinary action against Mr Dawes came after the RCN received complaints about his conduct and subsequently found him guilty of gross misconduct following an investigation.
Mr Dawes made 10 complaints to the Trade Unions Certification Officer, Sarah Bedwell, about the way the RCN dealt with his case.
An inquiry was held in February. Delivering her verdict in a report published on 30 March, Ms Bedwell denied eight of the complaints and upheld the remaining two.
The eight complaints that were rejected included that the RCN had breached Mr Dawes’ confidentiality by announcing his conduct investigation to all members, that it had kept him suspended for longer than it should have, and that individuals who sat on the panel of his misconduct hearing had a conflict of interest.
The complaints that were upheld were that, on two occasions, the RCN had failed to keep Mr Dawes’ suspension under review to ensure that it did not last longer than necessary.
In respect of the upheld complaints, Ms Bedwell did not impose a financial penalty against the RCN or order it to take any action to remedy the breach.
Responding to the findings, Mr Dawes said he was pleased the certification officer upheld two of his complaints and claimed the case had highlighted “serious governance failings at the top of the RCN”.
He described the outcome as “landmark” because he said that it was the first time that the RCN had been found to be in breach of its disciplinary rules by the certification officer.
Conversely, in its response the RCN stressed that the certification officer “did not find against the RCN – no sanction, penalty or enforcement order”.
An employment tribunal between Mr Dawes and the RCN is set to take place this summer.