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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been subject of some rather behavior from some

Customer Question

I have been subject of some rather nasty behavior from some individuals in a club I belong to. I am afraid that jointly (they are on the club committee as am I ) they will attempt to have me removed from the club and in effect “black balled”

The club involved is a model flying club and the hobby of flying model aircraft has been my passion since I was a small child.

Emails in a threatening and suggestive tone, verbal abuse, goading, and "kangeroo court" tactics have been used. My actions as club membership secretary have been repeatedly questioned especially by the club secretary I have been goaded into making a reaction and saying things I would not normally say, a handy independent witness was available at this occurrence.

These other people are threatening to resign because of reasons that are tenuous but suggest that I am the reason. "I would rather see the club fall" than carry on working ...... etc etc is typical of the emails I received.

I belive I am being bulied, I am losing sleep and not eating properly. Can nto enjoy life as I did a few months ago and have recntly been drinking heavily. Although just back from holday it did me little ood and there were emails waiting from these people when I started up my PC.

Is there any recourse in law to stop them?

Regards

XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask the structure of the club please? Does it have a formal constitution or is it an informal arrangement?

Joshua :

Are the emails threatening or actually abusive in language or designed to harass in your objective (so far as possible) opinion?

Customer:

It does have a constitution however the club sec does not minute meetings and a lot of what is said id word of mouth.

Customer:

I have a copy of the constitution!

Customer:

"Once-upon-a-time this used to be a very pleasant club with a harmonious committee. But clearly, the events which unfolded at the club night have not been resolved and things are now degenerating at an alarming rate.

Frankly,
I do not need the friction or the sniping or the in-fighting which now seems to have gone way beyond mere differences of opinions.
When voices get raised and a level of unbridled aggression is unleashed -- as witnessed at the last club night -- the whole scenario becomes ugly and highly unpleasant.
This will make for an uncomfortable, sour atmosphere at the field; plus there will be an impossible working relationship amongst the commit

Joshua :

Thanks. Does the constitution deal with removal of members?

Customer:

Yes, "



  1. The Committee can expel any member who offends against the Associations rules or whose conduct is, in their opinion, unfit for membership of the Association. In this case the offending member will be given 7 days written notice to attend a meeting of the Committee to inform the person of the complaint made against them. No person shall be expelled without having the opportunity of answering the complaint made against him to the Committee. No person shall be expelled without the majority vote of the Committee to do so."

Customer:

The committee is six strong of which I am one, three are the main pushers of muck in my direction. Two others are laid back and have let it happen.

Customer:

Do you need more information just yet? or are we done?

Joshua :

Thanks - just reading through your posts...

Joshua :

The constitution is not untypical for a loose club organisation and it will essentially be for the committee to put in place the above procedure and hold a vote if certain parties wish to seek to expel you. There is limited or no right of appeal in such situations unless you can show that a decision is discriminatory - e.g. on sex or race grounds for example.

Joshua :

If you have messages and emails that are abusive or harassing in nature you may have grounds for a complaint to the police.

Joshua :

You would need to show that the messages either gave you fear for your personal safety, or were designed to be or whose effect was embarrassment towards you.

Joshua :

If you can show this is the case the police may be willing to take an interest. If you prefer not to receive further emails from the individuals you can advise that you consider that their emails are harassment and ask that they cease and desist. If they ignore you and continue even if the emails to date do may not be considered harassment, any future messages could be so construed.

Joshua :

Regarding the club itself it will largely be a question of canvassing support from other members of the committee in order to prevent a majority vote against you in the event they seek to expel you and perhaps so far as possible seeking to rebuild relationships to at least a business like relationship with one or more of the parties that you are presently in dispute with. Clubs are largely about personal relationships fundamentally.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Thanks for that sorry I got distracted. It is hard to combat three people on a committee of six and win! I was hoping for a letter requesting that the stop muck spreading and hold their peace for a period.

Joshua :

Quite - particularly if the other three want to remain impartial. That seems a perfectly sensible approach - along the lines that you are disappointed that relations have broken down and ask that the personal time of any emails you have concerns with ceases expressing a wish that you can all move forward in a sensible business like manner.

Joshua :

Hopefully you will all be able to agree a truce and move on with enjoying the club.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

BUT "the other three" includes me!

Joshua :

In terms of voting, bear in mind they require a majority vote according to the constitution. Unless there is prevision in the bylaws there is no reason you should not have a vote despite you being the subject matter of any vote. This can be varied by club rules.

Customer:

Joshua

Customer:

Thanks, XXXXX XXXXX just received an email from the club chairman that I need to read and understand before further action. I will be as quick as I can

Joshua :

Certainly...

Customer:

Joshua

Customer:

Thanks for your advice, I'll contact again if I need too.

Joshua and other Law Specialists are ready to help you

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