Can you be refused a union rep for a disciplinary? At what point would you see an...

Phil_68

You have a statutory right to be accompanied. However, there is no legal written law on who that person is. You can make a reasonable request to have whoever you wish as your companion and the company can make a decision based on that request.

They cannot force a time for a hearing either and it must be a reasonable time, if you have not been provided with all the relevant information to help you during the meeting, then ask for it to be postponed until you have that information.

It is a minefield but it is on your side, do not reply to them unless you are fully armed with all the facts of your response.

Phil

Use_her_name

Well i got the union involved.

Work were not happy as they didn't know i was a member until i told them today.

They kicked off asking if it was necessary. I said yes.
They kicked off saying i hadn't told them i was a member. I said i wasn't aware i had to.

Obviously the union cannot make it for this week as it's short notice. They can make it for next week (early).

Work are not happy about this & are pressing for the meeting to go ahead this week. I suppose to try & stop me having an official present.

I have been asking on redundancyforum as well (to the comment about SarEl's straight talking nature - i don't mind this).

It was put to me there that i have no right to a delay. I hope they can't push for it to go ahead this week. I really don't want to go in solo.

spacey2012 wrote: »

Putting your trust in the union is like trusting the clergy man that walks you to the gallows to get you off.
Those days are long gone.

I am not 'putting my trust' in the union at all.
To be honest with you, i don't trust ANYONE. That's one lesson i've certainly learned here. However i'm not a total fool - i do know that if i go in solo that they will give me a royal dressing down, cut me off, not let me finish my sentences, talk down to me etc etc

At least with an official present, they will sack me PROPERLY.

paulineb_2

The last thing I would be doing under these circumstances is going in solo and if they sack you? Well, you've said they are going to sack you regardless, sometimes you have to be prepared for the worst and then fight the decision. Its your right to be accompanied and its not your fault the union cant make it.

Oh and if its getting too stressful being in the workplace while all this is going on, go to your GP and see what they say.

They can still discipline you in your absence if you are off sick, it just might make life a bit more tolerable not being in the workplace at the moment while this is going on, of course its your decision and everyone copes differently when something like this is going on.

Takeaway_Addict

Phil_68 wrote: »

You have a statutory right to be accompanied. However, there is no legal written law on who that person is. You can make a reasonable request to have whoever you wish as your companion and the company can make a decision based on that request.

They cannot force a time for a hearing either and it must be a reasonable time, if you have not been provided with all the relevant information to help you during the meeting, then ask for it to be postponed until you have that information.

It is a minefield but it is on your side, do not reply to them unless you are fully armed with all the facts of your response.

Phil

Only the right to a union member or another employee or on the very very very odd occasion a lawyer but from my understanding in only extreme circumstances.

It maybe a reaosnable adjustment to allow a family member if the person in the disciplinary is protected under the equality act but its not a given.

Phil_68

Takeaway_Addict wrote: »

Only the right to a union member or another employee or on the very very very odd occasion a lawyer but from my understanding in only extreme circumstances.

It maybe a reaosnable adjustment to allow a family member if the person in the disciplinary is protected under the equality act but its not a given.

I never said it was a given, likewise it's not a given on who that person MUST be Each case will be judged on an individual merit if it came to the ET. It MUST be a reasonable request based on reasonable grounds.

Phil.

happybunny22000

hi
sounds like they are going about everything the wrong way to be honest, I do have experience in these matters if you would like to PM me I can provide you with more details and advice

mo786uk

spacey2012 wrote: »

Putting your trust in the union is like trusting the clergy man that walks you to the gallows to get you off.
Those days are long gone.

I don't agree but it very much depends on the organisation and the circumstances - plus how good your union rep is.

One of my friends is a Union rep in a very big organisation and has saved many people from being fired - its normally because the organisation have no followed their own procedures - but as I say it depends on the organisation.

At the end of the day if you have done something really bad your Union or any other rep won't save you unless the employer have really not followed employment laws and their own rules.

Takeaway_Addict

mo786uk wrote: »

I don't agree but it very much depends on the organisation and the circumstances - plus how good your union rep is.

One of my friends is a Union rep in a very big organisation and has saved many people from being fired - its normally because the organisation have no followed their own procedures - but as I say it depends on the organisation.

At the end of the day if you have done something really bad your Union or any other rep won't save you unless the employer have really not followed employment laws and their own rules.

And even then that may not help...

Funky_Bold_Ribena

happybunny22000 wrote: »

hi
sounds like they are going about everything the wrong way to be honest, I do have experience in these matters if you would like to PM me I can provide you with more details and advice

Another bump asking for PMs. Are you lonely?

Takeaway_Addict

Funky_Bold_Ribena wrote: »

Another bump asking for PMs. Are you lonely?

Has that lovely whiff of scam about it...