Member

It is fundamentally unfair to impose a stringent proportionality test on employers but not on unions. If the CAC must first consider materiality and proportionality before sanctioning an employer, the same standard must surely apply to union conduct. To do otherwise risks creating asymmetry, undermines the perception of impartiality and risks unfairly curbing legitimate union communication on a lower threshold of breach. This is far from a technical point; it goes to the heart of equal treatment in the process. Again, I will spare the Committee a variety of illustrative examples.