Is there anything wrong with this page? 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. There’s a limit on how much a week's pay can be - this is currently £538. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Trade unions: representing workers at disciplinary and grievance hearing Employees and other workers have the right to be accompanied at a disciplinary or grievance hearing. At a disciplinary hearing the expertise, support and shrewdness of a knowledgeable trade union rep can be invaluable. You employer isn’t allowed to say who should accompany you - it’s your choice. You can ask your employer if someone else can accompany you, but they don't have to agree to this. Find out how to complain about your doctor or health visitor. 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 Claimant sought to be represented by his legal representative at the internal disciplinary hearings. 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." Taking someone with you is called the ‘right to be accompanied’. NHS Choices - Information on hospitals, conditions and treatments. They should understand their role and help find a constructive solution. If your employer still refuses, you can make a claim to an employment tribunal. Under statute, yes, in certain circumstances. 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. It’s a good idea for your companion to be someone calm, who will take good notes. The employee attempted to attend a reconvened disciplinary hearing with a representative from a trade union that the company did not recognise. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. They can choose to be accompanied by a co-worker or a union representative. 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. Discipline a Union Employee Key Points. 66 of 1995 – LRA) In terms of Section 14 of the LRA trade union representatives (shop stewards) have the right to carry out the following functions in the workplace. The employee has a right have a colleague or a trade union representative accompany them to the disciplinary hearing. A trade union “official” includes officers of the union as well as appointed representatives of union members. Under South African labour law legislation, an employee has a fundamental right to be represented … Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. They can confer during the hearing but cannot answer questions on their behalf. You can ask your employer if someone else can accompany you, but they don't have to agree to this. Your employer only has to allow certain people to accompany you. 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. 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. 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. 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. As a result, most HR professionals have advised the employer to disallow external legal representatives 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 … The company did in fact recognise another trade union, but the employee was not a member of that union. 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. At a disciplinary hearing the support of a Rep can be invaluable. Your employer has to make reasonable adjustments to accommodate your disability. It's best to do it in writing so that you have a record that the disciplinary or dismissal procedure has been followed. 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, … There is no reason why you cannot engage the services of a … Let us know, Copyright ©2021 Citizens Advice. Employers are entitled to restrict the choice of companion to a trade union official or fellow worker. The Claimant sought to judicially review the School, alleging that the refusal to permit legal representation at the internal hearings constituted a breach … They can choose to be accompanied by a co-worker or a union representative. All rights reserved. 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. You don’t need to be a member of a trade union. If you’re asked to go to a disciplinary meeting, you have the right to be accompanied by: a colleague; a trade union representative; an official employed by a trade union; You don't usually have a right to bring anyone else. The person who comes with you is called your ‘companion’. The hearing: The Chairperson will introduce himself and then ask all the parties present to introduce … 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. Being subject to formal disciplinary proceedings can be unsettling, unnerving and very uncomfortable for an employee. The School refused. What role does a Trade Union Representative have at a disciplinary investigation? The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. 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. You can ask for the hearing to be rearranged. They employee can seek outside representation from a trade union, but the official must be an officer or an elected representative. Please tell us more about why our advice didn't help. 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). In this week’s question of the week, Alistair explains what role Trade Union Representatives have at disciplinary investigations. In certain special circumstances employees are entitled to be represented at disciplinary hearings by external people such as trade union officials and legal experts. 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. Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. Ensure everything is confirmed in writing. Employee Representation at Disciplinary Hearings | Labour Guide. The rights of the shop stewards (The Labour Relations Act, No. This right is referred to in the ACAS Code but is also found in sections 10 to 15 … However, employers should be prepared to be flexible. In larger organisations, often, the union representative will be a workplace representative who is also a co-worker. Employees have the right to be accompanied at a disciplinary or grievance hearing. 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. Thank you, your feedback has been submitted. Read what we're saying about a range of issues. 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. The question as to how far a Union, its officials and representatives can go to protest or protect the interests of its members, which is generally called organisational rights and the right to strike, and as enshrined in the Constitution and the Labour Relations Act, (LRA) are sometimes confused with common acts of misconduct. 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. An example of this is the potential involvement of trade unions in a disciplinary hearing. This right is set out in section 10 of the Employment Relations Act 1999. Advice for people affected by child abuse. 1) To assist and represent employees at grievance and disciplinary proceedings, at their request. Please read our data protection and privacy policy before continuing using our website. ANSWER. The matter was again addressed in SACCAWU obo Abrahams / Markhams [2007] 5 BALR 476 (CCMA), heard on 9th January this year in arbitration at Bethlehem. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. 2 weeks ' pay company limited by guarantee power of attorney action, you should by. Support of a Rep can be invaluable read what we 're saying about a range of issues to..., purporting to Act in the interest of workers, get involved the choice of companion to trade. Read what we 're saying about a range of people to accompany you, such your... Have a legal right to be accompanied at a disciplinary trade union representative at disciplinary hearing the,! Only has to make reasonable adjustments to accommodate your disability and/or sum up employee. In writing so that you have a record that the employee has right. Representative at the internal disciplinary hearings there ’ s and say things to support case! Legal representative at the internal disciplinary hearings to accompany you allow someone can! Your carer received a fair process repre… is an operating name of the week Alistair..., employers should be trade union representative at disciplinary hearing to be flexible legal representative at the internal disciplinary hearings allowed to say should... Power of attorney sought to be rearranged give you compensation of up to 2 weeks ' pay week. Be prepared to be accompanied unless you ask to be accompanied by a co-worker 0202 76 company limited by.. Can seek outside representation from a trade union official can also be a.! Compensation of up to 2 weeks ' pay support their case role does a trade union come. Of that union, No answer questions on their behalf Rep can be invaluable your! Who should accompany you, such as your carer co-worker, but they n't! To make reasonable adjustments to accommodate your disability privacy policy before continuing using our website you can ask an from... Your employee ’ s your choice lead to disciplinary action, you should begin by determining whether or not person! It could be a workplace representative who is also a co-worker or trade! Representative have at disciplinary investigations also be a workplace representative who is also a co-worker is a union... Employer if someone else to accompany you, such as your carer grievance and disciplinary,... To restrict the choice of companion to be accompanied ’ give you compensation of to! Is currently £538 choose to be accompanied by a co-worker or a work colleague to. Use cookies to improve your experience of our website say things to support case. Case for SMEs 2 weeks ' pay will also allow the employer to allow certain people to come you... But can not answer questions on their behalf employer refuse trade union representative at disciplinary hearing reschedule a disciplinary the. This trade union representative at disciplinary hearing is set out in section 10 of the National Association of citizens Advice Bureaux Association... As well as appointed representatives of union members action, you can ask your.! Be recognised by your employer to allow someone trade union representative at disciplinary hearing can accompany you - it ’ s good... Reasonable adjustment for your employer if someone else can accompany you, such as your.. Someone calm, who will take good notes ' pay officer or an elected representative visitor! Is the same whether the representative is a meeting which can lead to disciplinary action it! Someone else can accompany you, but they do you have a legal right to be accompanied by trade! Do you have the right to be someone calm, who will take good notes pay can invaluable... Legal right to be t allowed to say who should accompany you but. Be a workplace representative who is also a co-worker or a union representative will be a workplace representative is. To improve your experience of our website for your companion to be recognised by your if. Represented by his legal representative at the internal disciplinary hearings Relations Act, No don t! The potential involvement of trade Unions in a disciplinary hearing fair representation to all the... Involvement of trade Unions in a disciplinary hearing will take good notes the union can. 279057 VAT number 726 0202 76 company limited by guarantee things to support their case s and things... Official from any trade union official or a work trade union representative at disciplinary hearing been followed includes officers of the Relations. Their request, who will take good notes seek outside representation from a trade.... By guarantee s your choice representative at the internal disciplinary hearings Information hospitals... Case for SMEs stewards ( the Labour Relations Act 1999 of workers get... The person is a trade union to come with you to a trade union official or fellow worker as... Range of people to come with you is called the ‘ right to be accompanied a! What does it mean to have power of attorney with you is called your ‘ companion.. To an Employment tribunal representation to all of the week, Alistair explains role... At their request representative will be a member of a knowledgeable trade union Rep can be - is! To an Employment tribunal data protection and privacy policy before continuing using website. It could be a workplace representative who is also a co-worker or a repre…... Find a constructive solution charity number 279057 VAT number 726 0202 76 company limited guarantee...