Usdaw Rep am I allowed?

garyandlynn

I am under investigation from Monday at work (Boots) am i allowed to have a union rep at my meeting my boss states i am not allowed one as it is only an investigation and not a disaplinary?
My union rep says i am but i need to know.

mazza111

You can have a rep with you at any meeting you have. Whether it's disciplinary or not.

garyandlynn

but my manager says not because its an investigation not a discaplinary they want to take notes etc but i am not happy.

anamenottaken

garyandlynn wrote: »

I am under investigation from Monday at work (Boots) am i allowed to have a union rep at my meeting my boss states i am not allowed one as it is only an investigation and not a disaplinary?
My union rep says i am but i need to know.

There is no statutory right to be accompanied at an investigatory meeting.

However do check the employer's policy document on its disciplinary procedure in case that policy does include the right to be accompanied.

Does your Union rep know the company's policy better than your boss or are they basing their opinion on what happens in other organisations?

Torry_Quine

Its only a legal right to have someone with you for a disciplinary hearing and not the investigative meeting. However every employer has their own conditions so check your conditions of service.

DietIrnBru

I would Defo seek clarification with your union rep.

I am not commenting on your case, but in investigations that lead to disciplinary's, procedure is everything. I have done minute taking at such meetings and seen cases getting thrown out because union reps were on hand to make sure procedure was followed (and wasn't).

It's also to protect yourself, a person can be innocent but a throw away comment or statement can land you right in it by skewing events.

ohreally

garyandlynn wrote: »

My union rep says i am but i need to know.

Have a word with the rep for clarification on local agreement.

Although the law doesn't provide for representation, many employers are relaxed about a stewards presence during an investigatory.

antonic

If you ARENT allowed a rep, if they start mentioning disciplinary action, stop the meeting and get representation immediately (if you can), if you cant stop the meeting until you can.

MissSarah1972

Oh when I had a disciplinary hearing at work I had a letter that said I could have someone with me. I thought that was standard as you have no witness to what takes place, surely?

Sambucus_Nigra

MissSarah1972 wrote: »

Oh when I had a disciplinary hearing at work I had a letter that said I could have someone with me. I thought that was standard as you have no witness to what takes place, surely?

It's not a disciplinary - it's an investigation. So no entitlement but the employer may allow it in their procedures.

OP - I imagine the union rep knows the company procedures whilst the boss knows the law; so get the union rep to give you the reference in the internal procedure that allows this. Or the boss knows both and the union rep is wrong. Either way, if the union rep thinks this is the case, get them to verify it for you. Pronto!

MissSarah1972

Sambucus_Nigra wrote: »

It's not a disciplinary - it's an investigation. So no entitlement but the employer may allow it in their procedures.

OP - I imagine the union rep knows the company procedures whilst the boss knows the law; so get the union rep to give you the reference in the internal procedure that allows this. Or the boss knows both and the union rep is wrong. Either way, if the union rep thinks this is the case, get them to verify it for you. Pronto!

Oh so when are you allowed a rep or person with you as a witness?