The healing process really won't start until the surgery is finished

Andy Knight, Musician's Union

Mr Kay, who was suspended from office over allegations he brought the union into disrepute, is considering taking his case to the courts, saying he was unfairly disciplined.

In a complex battle over regulations that has seemingly split the union into two camps, assistant general secretary Andy Knight admitted the union was going through a "bad patch".

'Effectively bankrupt'

Mr Kay took up his �50,000-a-year post as the union's general secretary in January after beating the incumbent Dennis Scard by a mere eight votes.

But a disciplinary committee suspended him over allegations that he lied in his election address, when he claimed the union was "effectively bankrupt".

Mr Kay was initially suspended from office for five years, but after a recent appeal the suspension dropped to two years.

The decision, in effect, leaves the union with a general secretary who is barred from carrying out his duties and the union is prevented from moving forward until any legal action is resolved.

'Confident'

John Patrick, chairman of the executive committee, said the state of limbo did not mean the union was paralysed

He said: "I am confident that with the dedication of the Musician's Union team and the co-operation of the membership the union will continue to operate effectively for and on behalf of our members."

Supporters of Mr Kay attended the briefing and made their frustrations known. One member accused the executive committee of abusing their powers by acting as judge and jury in the case of Mr Kay.

Mr Knight said the union did not want to speculate on the outcome of any legal action but insisted that if Mr Kay won his battle in the courts, he would be accepted back.

Legal action

As the possibility of legal action looms ever nearer, internal wrangles in the union continue.

On Wednesday a senior member of the executive committee resigned and the chairman, Mr Patrick, has been accused by a fellow member of abusing his position.

"The union continues to carry out its core activities," said Mr Knight.

He added: "The healing process really won't start until the surgery is finished and that is what we are in the middle of at the moment.

"I hope we will get to the end, no matter what the result. And no matter what the result, the executive committee will accept it."

The union recently settled with a trumpeter, Freddie Staff, who took the organisation to court in order to gain access to their accounts.