disciplinary meeting

Options
saltypopcorn
saltypopcorn Posts: 5 Forumite
in Employment, jobseeking & training
Hello, I'm hoping someone can enlighten me on a problem a very good friend of mine has.

She works in a very small establishment (only 4 staff, all partime) and has been invited to attend a meeting "that may lead to disciplinary measures". In the letter she received it said she could take a work colleague or union rep.

She is unable to take a colleague (closely involved in one case and intimidated in the other two) and does not have union rep.

My husband who was a union rep. ( a few years ago admitedly) and who is not intimidated by the man in question has been helping her.
She has now been informed that they can legally stop her taking in "a friend".

Surely she can't be the only employee in this situation. I would be grateful if anybody can either provide or point us in the direction of some info on this.

many thanks
saltypopcorn
«13

Comments

  • scooby088
    scooby088 Posts: 3,385 Forumite
    Options
    I'd always say goto acas, they normally give good advice and only cost is that of the phonecall.
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Options
    In a disciplinary you are only allowed a union member or a colleague unless the company allow you to take anyone else.

    Not sure of the rules of the meeting of a non disciplinary meeting (ie an investigatory meeting) but I would suspect you could be refused anyone as this is not the disciplinary.

    someone will confirm or deny no doubt.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Options
    I think to throw it back in the employer's lap, assuming that her employer does not recognise any union.

    Just say that she is unwilling to contribute to any discussion without an independent witness and that as no union is represented, it is totally hollow to suggest a union representative - and also that the workplace is too small to feel that any other employee can be independent. She should then ask the employer for suggestions as to acceptable independent witnesses. Ideally in writing, so that the question can be shown to have been asked.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Options
    DVardysShadow wrote: »
    I think to throw it back in the employer's lap, assuming that her employer does not recognise any union.

    Just say that she is unwilling to contribute to any discussion without an independent witness and that as no union is represented, it is totally hollow to suggest a union representative - and also that the workplace is too small to feel that any other employee can be independent. She should then ask the employer for suggestions as to acceptable independent witnesses. Ideally in writing, so that the question can be shown to have been asked.

    Would the employer surely not be able to turn around and say those are the choices, if you refuse to choose one we will do the potential disciplinary in your abscense.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • saltypopcorn
    saltypopcorn Posts: 5 Forumite
    Options
    Thankyou so much everyone.
    Really useful suggestions and she will be on the phone to Acas tomorrow.
    Unfortunately the chap pulling the strings and who we suspect decided on his own to hold this meeting, is a bully and very intimidating ( he scares the socks off me and I'm Glaswegian). She really needs support in this meeting ( pref. my husband) but is unable to comply with the union rep or colleague bit.

    Again, really appreciated
    saltypopcorn
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Options
    definately speak to ACAS
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Options
    Googlewhacker wrote: »
    Would the employer surely not be able to turn around and say those are the choices, if you refuse to choose one we will do the potential disciplinary in your abscense.
    That is exactly why to throw it back in their lap in the way I describe.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Options
    DVardysShadow wrote: »
    That is exactly why to throw it back in their lap in the way I describe.

    Sorry you have lost me? What would that benefit the employee?
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    Options
    If your husband is an accredited union rep he could go with her. It is not widely known that you do not have to be a member of the union, nor does the rep have to be attending on behalf of a particular union. He simply has to be trained / qualified. The firm cannot legally refuse.

    There was a thread on here recently where I pointed this out. The lady was then able to take her father who just happened to hold the necessary qualification.

    Some of the larger specialist employment solicitors can provide such a "union rep" for a substantial fee.
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Options
    Uncertain wrote: »
    If your husband is an accredited union rep he could go with her. It is not widely known that you do not have to be a member of the union, nor does the rep have to be attending on behalf of a particular union. He simply has to be trained / qualified. The firm cannot legally refuse.

    There was a thread on here recently where I pointed this out. The lady was then able to take her father who just happened to hold the necessary qualification.

    Some of the larger specialist employment solicitors can provide such a "union rep" for a substantial fee.

    Oh yeah I remember you saying this before, excellant point!
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.4K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.8K Spending & Discounts
  • 235.5K Work, Benefits & Business
  • 608.4K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards