An official of a trade union whom the union has certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings; A work colleague; A trade union 'official' has a particular statutory meaning and must either be an 'officer' of a trade union, or someone who has been properly elected or appointed to be a representative of its … If so, you should contact … Therefore, when it comes to a disciplinary issue, employers who don’t recognise Trade Unions should still allow the Union rep in, as this will aid in avoiding any breach of the employee’s rights. The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. There is no reason why you cannot engage the services of a … Your employer has to make reasonable adjustments to accommodate your disability. If your employer still refuses, you can make a claim to an employment tribunal. a trade union representative a trade union official If a colleague cannot go with you and you’re not in the union you can ask to bring a family member or a Citizens Advice worker. We get asked HR related questions every day and each week we will be sharing our top question of the week that we have been asked here at The HR Booth. In Eleftheriou v Arriva London North Ltd [2014], the employment tribunal said it was a breach of the right to be accompanied for an employer to refuse to allow a trade union representative to act as a companion in any of its disciplinary or grievance hearings. The Acas Guide on Discipline and Grievances at Work suggests that where possible the employer should allow a companion, including a union representative, to have a say in the date and time of a hearing. They can choose to be accompanied by a co-worker or a union representative. The person who comes with you is called your ‘companion’. You should suggest a date and time that’s ‘reasonable’, which means it’s both: If you make a reasonable suggestion your employer has to agree to it. If your employer refuses a reasonable request to be accompanied by a colleague, trade union representative or official, you should point out that you have a legal right to be accompanied. The rights of the shop stewards (The Labour Relations Act, No. They employee can seek outside representation from a trade union, but the official must be an officer or an elected representative. You should also check your contract and your employer's procedure on disciplinary meetings, as these say who you're allowed to bring with you. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, an initial meeting where your employer tries to find out what happened, talk things over with you during the hearing, when everyone involved is usually at work and available, within 5 working days of when the meeting was originally due to take place. In this week’s question of the week, Alistair explains what role Trade Union Representatives have at disciplinary investigations. 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Despite having an "at-will" workforce, the majority of collective bargaining agreements prohibit an employer from disciplining at-will employees unless they can show "just cause." Your employer only has to allow certain people to accompany you. They can confer during the hearing but cannot answer questions on their behalf. It could be a reasonable adjustment for your employer to allow someone else to accompany you, such as your carer. You can ask for written confirmation of this from the trade union concerned, and this is normally done at the introduction stage of the meeting. This is a meeting which can lead to disciplinary action. They might have a policy of allowing a wider range of people to come with you. Discipline a Union Employee Key Points. You can ask your employer if someone else can accompany you, but they don't have to agree to this. For example, in the case of Talon Engineering Ltd v Smith, the Employment Appeal Tribunal found that an employee, Mrs Smith, was unfairly dismissed when her employer refused to postpone a disciplinary hearing for 11 days so she could be accompanied by her chosen union representative who was unavailable until then. A union repre… At a disciplinary hearing the expertise, support and shrewdness of a knowledgeable trade union rep can be invaluable. They can choose to be accompanied by a co-worker or a union representative. You don’t need to be a member of a trade union. Being subject to formal disciplinary proceedings can be unsettling, unnerving and very uncomfortable for an employee. This delicate balance becomes slightly complicated when Trade Unions, purporting to act in the interest of workers, get involved. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. The Claimant sought to be represented by his legal representative at the internal disciplinary hearings. You can bring someone with you to a disciplinary meeting. Under South African labour law legislation, an employee has a fundamental right to be represented … We use cookies to improve your experience of our website. The School refused. However, employers should be prepared to be flexible. Often, the union representative, will be a workplace representative who is also a co-worker. Advice can vary depending on where you live. NHS Choices - Information on hospitals, conditions and treatments. Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. Let us know, Copyright ©2021 Citizens Advice. You don’t have the right to be accompanied to either: Even though you don’t have a legal right to be accompanied, you can ask your employer to let you bring someone with you - but they don’t have to agree to it. As a result, most HR professionals have advised the employer to disallow external legal representatives Taking someone with you is called the ‘right to be accompanied’. An employee can ask an official from any trade union to accompany them at a disciplinary or grievance hearing, regardless of whether or not they are a member or the union is recognised. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. A union owes a duty of fair representation to all of the workers it represents. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Preparing for a disciplinary or dismissal meeting, Who can accompany you to a disciplinary meeting. In the cases of SMEs, where in most cases there is no union representation, the trade union representative will be an official outside of the company. What role does a Trade Union Representative have at a disciplinary investigation? Most HR professionals are aware that Schedule 8 of the Labour Relations Act (LRA) provides that the employee should be allowed the assistance of a trade union representative or fellow employee. A trade union ‘official’ has a particular meaning and must either be an ‘officer’ of a trade union, or someone who has been properly elected or appointed to be a representative of its members. Even if you don’t recognise a trade union, if the employee is a member of the trade union, they have the right to be accompanied by the TU official. You should receive a letter from your employer confirming … The union doesn't have to be recognised by your employer. If you’re unable to put your case across or would find it hard to do so because of disability or because of language problems, you should argue that it would help your employer as well to have someone there to help you. The referral included, among other things, a dispute of procedurally unfair dismissal on the basis that the applicant was denied permission to be represented at the disciplinary hearing by an official from the trade union, … For example, in the case of Molope vs Mbha and others (2005, 3 BLLR 267) the Labour Court found that employees are entitled to be represented by a colleague, lawyer or union official. (Paragraph 16, ACAS Code of Practice on Disciplinary & Grievance Procedures) Ensure everything is confirmed in writing. To show that the employee was not a member of a trade Rep. Of union members of union members, such as your carer shop stewards ( the Labour Relations 1999. Lead to disciplinary action, you should begin by determining whether or not person! 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