Jeremy Corbyn has failed to delete his original statement in response to the Equality and Human Rights Commission report that led to him being suspended last month.
The panel of the party’s ruling national executive committee (NEC) that on Tuesday reinstated his party membership instructed him to remove the 29 October Facebook statement.
But it still remained online on Friday – despite his statement this week that was said to be designed to clarify the original post being made public on the same day as the Labour’s disputes panel considered his case.
Last month’s statement, released 36 minutes after the damning EHRC report was made public, included the claim that the antisemitism crisis had been “dramatically overstated for political reasons by our opponents inside and outside the party, as well as by much of the media.”
On Thursday evening Labour’s chief whip Nick Brown wrote to Mr Corbyn to inform him he will be suspended as a Labour MP for three months.
Labour sources confirmed that Mr Corbyn was told the length of the suspension could be reviewed depending on his actions – suggesting it could be shortened or extended depending on whether he issued an apology.
But there was anger amongst some Labour MPs who have been long-standing critics of the former leader that the letter from Mr Brown indicated Mr Corbyn could return as an MP by early next year.
Some pointed the finger of blame at a senior member of Sir Keir Starmer’s staff – with the suggestion, which has been disputed, that this individual was involved in negotiations with Unite union leader Len McCluskey over bringing the dispute over Mr Corbyn to an end ahead of this week’s NEC hearing.
Sources close to Sir Keir have denied any talks took place or that Mr Corbyn’s clarification statement on Tuesday was approved in advance by anyone close to the leader.
It emerged that the ex-leader has instructed lawyers to write to Labour demanding information about the process and the handling of his disciplinary action.
The lawyers’ letter to the party questions whether procedures were properly followed when the decision not to restore the whip was taken.
Meanwhile twelve left-wing members of the NEC sent a letter to the general secretary, David Evans, saying: “The decision of the leader the following day to withhold the whip from Jeremy Corbyn MP is an act of deliberate political interference in the handling of a complaint.
“It defies the decision of the NEC panel, is a matter of double jeopardy that flies in the face of natural justice, it undermines the rule book and it is precisely the type of action found to be unlawful indirect discrimination by the Equalities and Human Rights Commission report.”