Reference Advice

Fireflyaway

helpneeded2019 wrote: »

Hi all,

Quick update on this with my part time job, as stated I am going through a disciplinary process, they wrote to me to say they had a meeting scheduled for December 31st but my union rep can not attend with me until the 3rd, I have let work know and they have said it cannot be changed

Do I have a legal right to be accompanied for this?

Yes you do have the right to be accompanied but it doesn't have to be by a union rep. Is there a colleague you trust or could you ask your union if they could provide a rep from somewhere else?
Depending on the circumstances would resigning be an option? Totally depends on the situation. I'm not suggesting you unnecessarily do yourself out of a job.

jobbingmusician

I suggest you google the ACAS model disciplinary policy. I think this may say that hearings should be deferred if union representation is not avaiable (but this may only be for hearings involving allegations of gross misconduct). There is no force of law compelling this, but it does weaken the employer's case if you subsequently raise an ET, so pointing it out to the employer if it does indeed say this might be a good move...

pmduk

Could your union perhaps provide you with an alternative rep?

martinthebandit

Could you not negotiate a reasonable reference in return for immediate resignation?

Comms69

helpneeded2019 wrote: »

Hi all,

Quick update on this with my part time job, as stated I am going through a disciplinary process, they wrote to me to say they had a meeting scheduled for December 31st but my union rep can not attend with me until the 3rd, I have let work know and they have said it cannot be changed

Do I have a legal right to be accompanied for this?

Yes you do.


Many employers would sensibly re-schedule to avoid any allegations of unfair dismissal - but this is not a requirement by any means

helpneeded2019_2

Hiya,

So update again- thanks for all the advice so far

As part of my defense for the 31st I asked for copies of related policies and procedures documents / a work spreadsheet and a copy of my outlook calendar/ two emails which would provide me the basis of my defence

I was informed I would have this by the end of the 27th in preparation of the meeting, I was then emailed on the 27th to say it will be sent on the 28th, at 5pm yesterday ( bearing in mind its too late now to contact ACAS or them before the meeting Monday ) they emailed to say that they would endevour for me to have this when I arrive for the meeting on Monday

I was under the impression I was required to have time to prepare for a defence and have any docs related to it in advance of the meeting, surely I cannot be expected to attempt to go through docs etc in a rushed manner during the meeting

Am I best to attend or email asking for the meeting to be adjourned until they are able to provide the documents they stated would be with me on the 27th, does anyone know what the ACAS guidelines on this are or link me to them?

Many thanks again

UnionGirl

helpneeded2019 wrote: »

Hi all,

Quick update on this with my part time job, as stated I am going through a disciplinary process, they wrote to me to say they had a meeting scheduled for December 31st but my union rep can not attend with me until the 3rd, I have let work know and they have said it cannot be changed

Do I have a legal right to be accompanied for this?

You have the right to ask for a postponement of upto 5 working days if your Union Rep is unable to attend. As long as this is for an actual formal hearing and not an investigatory meeting.

I would take the 5 day postponement and take your Union Rep - it’s what you pay Union subscriptions for after all!

https://app.croneri.co.uk/questions-and-answers/postponing-disciplinary-hearing?product=132