You can ask for the hearing to be rearranged. If you’re unable to put your case across or would find it hard to do so because of disability or because of language problems, you should argue that it would help your employer as well to have someone there to help you. Can an employer refuse to reschedule a disciplinary hearing if the employee’s chosen trade union representative is unavailable? This delicate balance becomes slightly complicated when Trade Unions, purporting to act in the interest of workers, get involved. Schedule 8 of the Labour Relations Act 66 of 1995 [LRA] provides that an employee is entitled to the assistance of a trade union representative or a fellow employee.. Who is a trade union representative? They can choose to be accompanied by a co-worker or a union representative. 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. They can confer during the hearing but cannot answer questions on their behalf. Please read our data protection and privacy policy before continuing using our website. The employee attempted to attend a reconvened disciplinary hearing with a representative from a trade union that the company did not recognise. There’s a limit on how much a week's pay can be - this is currently £538. 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. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD, Preparing for a disciplinary or dismissal meeting, Who can accompany you to a disciplinary meeting. 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, … The representative is permitted to address the disciplinary hearing to: put the worker's case; sum up that case; and/or respond on the worker's behalf to any view expressed at the hearing. Discipline a Union Employee Key Points. 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. 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. You should receive a letter from your employer confirming … Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. Let us know, Copyright ©2021 Citizens Advice. The person who comes with you is called your ‘companion’. A trade union “official” includes officers of the union as well as appointed representatives of union members. It is possbile that after the investigation the employer may not go ahead with a disciplinary at all. Employees have the right to be accompanied at a disciplinary or grievance hearing. If you win, the tribunal can give you compensation of up to 2 weeks' pay. It could be a reasonable adjustment for your employer to allow someone else to accompany you, such as your carer. A Rep can address a disciplinary hearing … You should also check your contract and your employer's procedure on disciplinary meetings, as these say who you're allowed to bring with you. The ACAS Code of Practice describes the role of the union representative being to: “… address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing”. Think hard about whether you have any witnesses to the alleged events. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Your employer only has to allow certain people to accompany you. a workplace trade union representative who's certified or trained in acting as a companion; an official employed by a trade union; ... For more details on holding disciplinary hearings, you can use Discipline and grievances at work: the Acas guide (PDF, 841KB, 79 pages). You don’t have the right to be accompanied to either: Even though you don’t have a legal right to be accompanied, you can ask your employer to let you bring someone with you - but they don’t have to agree to it. The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. You can find out more or opt-out from some cookies. The union doesn't have to be recognised by your employer. The company did in fact recognise another trade union, but the employee was not a member of that union. You can ask your employer if someone else can accompany you, but they don't have to agree to this. However, employers should be prepared to be flexible. The Claimant sought to be represented by his legal representative at the internal disciplinary hearings. 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). Your employer has to make reasonable adjustments to accommodate your disability. They employee can seek outside representation from a trade union, but the official must be an officer or an elected representative. Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. A union owes a duty of fair representation to all of the workers it represents. You must ask your employer. The School refused. They can choose to be accompanied by a co-worker or a union representative. 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. Thank you, your feedback has been submitted. 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