London Magazine Branch Newsletter: July
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London Magazine BranchJuly 2000 |
You're not aloneYou won't have to face management on your own, even if your boss does not recognise unions. New legal rights are on the way From 4 September all workers have the right to be accompanied to disciplinary or grievance hearings by a fellow worker or a trade union representative, even if the company does not recognise a union. The law says that a union representative must either be "a full time official or a lay representative who has been certified by their union as having experience of, or having received training in, acting as a worker's companion at disciplinary or grievance hearings". Although the chosen companion has no statutory right to address the hearing or answer qustions on the worker's behalf, they can still ask for a recess or "ask questions and, with the agreement of the employer, should be allowed to participate as fully as possible in the hearing". This statutory right applies to any meeting that might result in disciplinary action being taken. If, at an informal or investigatory interview, a manager says that disciplinary action may be needed, the meeting should be immediately terminated and a formal disciplinary hearing arranged. Disciplinary action covers everything from a formal warning about conduct or capability that will be placed in the worker's record to actions such as suspension without pay or demotion. However, the right of accompaniment to grievances only applies to those that concern "a duty by an employer in relation to a worker". In practice this means the issue must concern some element of your contract or be covered by statute law (such as equal pay, discrimination or safety at work). For instance, "a grievance arising out of day-to-day friction between fellow workers may not involve the breach of a legal duty unless the friction develops into incidents of bullying or harassment which would be included as they arise out of the employer's duty of care." |
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