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." In the case of NUMSA obo Thomas vs Murray and Roberts Alucast (2008, 2 BALR 134) the arbitrator found that the fraud-based disciplinary matter was not legally complex and therefore rejected the trade union’s claim that the employee was entitled to be represented by an external trade union official instead of by a shop steward. The Trade Union officials are normally very balanced and objective, and providing you follow our guidance in relation the meeting there is nothing to be concerned about. What role does a Trade Union Representative have at a disciplinary investigation? Ensure everything is confirmed in writing. ANSWER. The Claimant sought to judicially review the School, alleging that the refusal to permit legal representation at the internal hearings constituted a breach … Schedule 8 of the Labour Relations Act 66 of 1995 [LRA] provides that an employee is entitled to the assistance of a trade union representative or a fellow employee.. Who is a trade union representative? Under South African labour law legislation, an employee has a fundamental right to be represented … 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. This right is set out in section 10 of the Employment Relations Act 1999. 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. If your employer still refuses, you can make a claim to an employment tribunal. This delicate balance becomes slightly complicated when Trade Unions, purporting to act in the interest of workers, get involved. If they do you have the legal right to be accompanied by a trade union representative or a work colleague. 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. Please tell us more about why our advice didn't help. 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. The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. Under statute, yes, in certain circumstances. NHS Choices - Information on hospitals, conditions and treatments. There is no reason why you cannot engage the services of a … As we have mentioned, one element of a fair disciplinary hearing includes allowing an employee to be accompanied by a trade union representative or a fellow worker. Your employer doesn’t have to let you be accompanied unless you ask to be. If you’re asked to go to a disciplinary meeting, you have the right to be accompanied by: You don't usually have a right to bring anyone else. Is there anything wrong with this page? A Rep can address a disciplinary hearing … This is a meeting which can lead to disciplinary action. The employee attempted to attend a reconvened disciplinary hearing with a representative from a trade union that the company did not recognise. 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. Advice can vary depending on where you live. Thank you, your feedback has been submitted. 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, … Let us know, Copyright ©2021 Citizens Advice. Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. The Claimant sought to be represented by his legal representative at the internal disciplinary hearings. A trade union official can also be a co-worker, but this will rarely be the case for SMEs. The Supreme Court case of National Labor Relations Board v.Weingarten, decided in 1975, established this basic entitlement and the procedures for when and how union reps may participate in interviews. The union doesn't have to be recognised by your employer. The School refused. An example of this is the potential involvement of trade unions in a disciplinary hearing. You should receive a letter from your employer confirming … If you win, the tribunal can give you compensation of up to 2 weeks' pay. There’s a limit on how much a week's pay can be - this is currently £538. We use cookies to improve your experience of our website. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. A union owes a duty of fair representation to all of the workers it represents. Strictly speaking, there is no legal obligation on the employer to allow the doctor to be accompanied at a disciplinary hearing by someone who does not meet the statutory definition. 1) To assist and represent employees at grievance and disciplinary proceedings, at their request. 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. Employees have the right to be accompanied at a disciplinary or grievance hearing. You can ask your employer if someone else can accompany you, but they don't have to agree to this. In certain special circumstances employees are entitled to be represented at disciplinary hearings by external people such as trade union officials and legal experts. Advice for people affected by child abuse. The employee has a right have a colleague or a trade union representative accompany them to the disciplinary hearing. You can ask an official from any trade union to come with you. In this week’s question of the week, Alistair explains what role Trade Union Representatives have at disciplinary investigations. 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. They can choose to be accompanied by a co-worker or a union representative. The person who comes with you is called your ‘companion’. Is an employee entitled to representation at a disciplinary hearing? As a result, most HR professionals have advised the employer to disallow external legal representatives You can ask your employer if someone else can accompany you, but they don't have to agree to this. Your employer has to make reasonable adjustments to accommodate your disability. It is possbile that after the investigation the employer may not go ahead with a disciplinary at all. The company did in fact recognise another trade union, but the employee was not a member of that union. If so, you should contact … 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. Discipline a Union Employee Key Points. Being subject to formal disciplinary proceedings can be unsettling, unnerving and very uncomfortable for an employee. 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. They should understand their role and help find a constructive solution. This right is referred to in the ACAS Code but is also found in sections 10 to 15 … They can choose to be accompanied by a co-worker or a union representative. The ACAS Code of Practice describes the role of the union representative being to: “… address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing”. If the union representative is unable to attend a reconvened hearing within five working days, the employer is under no obligation to consider adjournment of the hearing. A trade union representative can address a disciplinary hearing, put and sum up the your case, respond to any views expressed at the meeting and confer with you during the meeting (3). What does it mean to have power of attorney? 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. 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 … It’s a good idea for your companion to be someone calm, who will take good notes. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. 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If you are a union member, you have a right to have union representation at any interview or meeting that could lead to disciplinary action against you. The hearing: The Chairperson will introduce himself and then ask all the parties present to introduce … When contemplating disciplinary action, you should begin by determining whether or not the person is a trade union official. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. You don’t need to be a member of a trade union. Find out how to complain about your doctor or health visitor. In larger organisations, often, the union representative will be a workplace representative who is also a co-worker. This will also allow the employer to show that the employee received a fair process. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. At a disciplinary hearing the support of a Rep can be invaluable. However, employers should be prepared to be flexible. 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. They can choose to be accompanied by a co-worker or a union representative. 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. This is because the range of activities in which a trade union official can participate on behalf of the union is much wider than for an ordinary member. Employers are entitled to restrict the choice of companion to a trade union official or fellow worker. 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