Representation

Trade Union Representative

I have been called to a Disciplinary meeting. Can I get a Trade Union Representative to accompany me to the meeting when I’m not a member of a Union?

The simple answer is yes! We can provide a Trade Union Official/Representative to attend either virtually or in person depending on the distance. There is no requirement to be a member of a Union, your companion just needs to be a Trade Union Representative/Trade Union Official. Through our agreement with a pay as you go Trade Union, we can provide one of its Reps for an hourly fee - just get in touch.

All workers have the statutory right to representation by either a fellow worker (colleague) or a Trade Union Representative. This right is contained in both the Employment Relations Act 1999, Section 10: http://www.legislation.gov.uk/ukpga/1999/26/section/10

and the ACAS Code of Practice on Disciplinary and Grievance Procedures, Section 13:

https://www.acas.org.uk/acas-code-of-practice-for-disciplinary-and-grievance-procedures/html#discipline:-keys-to-handling-disciplinary-issues-in-the-workplace

If your chosen companion is available on the date and time proposed by the employer, then you should let the employer know the details of the person accompanying you, once confirmed with us. However, if your chosen companion is not available, you should offer an alternative date and time within five working days of the original date, again once confirmed with us. If that is not possible, an employer could insist on going ahead with a disciplinary meeting in the absence of your chosen companion, but it would be taking a very risky approach and as long as the request by the worker to have their chosen companion at the proposed meeting is reasonable, it would be difficult for the employer to argue against it.

In Talon Engineering Ltd v Mrs V Smith: UKEAT/0236/17/BA, the Employment Appeal Tribunal (EAT) confirmed that the employer’s decision not to allow a postponement of a disciplinary by just under two weeks due to the companion’s availability led to Mrs Smith’s unfair dismissal. Mrs Smith refused to attend the Disciplinary without her chosen companion and a decision was made in her absence, to summarily dismiss her. Importantly, rather than relying on the fact that, as per section 10 of the ERA 1999 the employer was arguably in the right because the proposed alternative date was over five working days away, the EAT deemed her dismissal as unfair as it did not comply with fairness, in line with the Employment Rights Act 1996, Section 98(4). Ultimately, it did not give Mrs Smith the opportunity to reasonably put forward her case, which is a fundamental part of following a fair procedure.

At Employee HR, we can provide an experienced Trade Union Representative who is skilled in dealing with employers in all types of cases. By having an experienced Advocate with you, on your side, you will benefit from:

• Having your case presented in the best possible way.
• Having a prepared statement of defence being presented to the employer by the Trade Union Representative, which would include your response to the allegations, the legal principles involved, any complaints you may have in relation to the process undertaken and a proposed way forward - allowing you to be more relaxed and focus on the meeting.
• Your Trade Union Representative advocating your case on your behalf. Remember, we’re on your side.
• Your Trade Union Representative being involved in the potential disciplinary/grievance discussions. Although your Rep cannot answer direct questions, they can respond to any views held at the meeting, put forward your case on your behalf and summarise your case.
• Your Trade Union Representative can ask for/call a break at any time, to give you time think through your answers and confer with you. Sometimes just taking a break at the right time will help you refocus when difficult questions are being asked of you, whilst under pressure.
• Many Hearing Managers and HR Professionals try to side-line and silence the Trade Union Representative at the outset of the meeting by creating the narrative that the Trade Union Representative is there for hand holding support and can’t take part in the meeting - that is incorrect and your Rep will take an active part in the meeting to ensure your case is presented in the right way and ensure you are not pushed into giving answers you are not comfortable with.
• Finally, the most important point to make about having the right Representative in the meeting with you/in the process is the ability for your Rep to run your case with the end goal in mind - be it settlement, or to be treated fairly and keeping your job.

Don't face a disciplinary or grievance hearing alone. With Employee HR's experienced Trade Union Representatives on your side, you can confidently navigate the process and protect your rights. Contact us now to schedule a consultation and secure professional representation for your case.