We can provide you with a professional trade union representative to support you during your disciplinary, grievance or redundancy process
Do you have a grievance at work or are you going through a disciplinary or redundancy process?
Are you going through any of the following situations?
Whatever the reason we can provide you with an expert trade union representative, to support you throughout your situation at work, even if you are not in a union.
We offer a very unique and specialised legal service. The Employment law provides that a Trade Union Representative can accompany any employee during the grievance, disciplinary and redundancy process.
We will provide you with a professional Trade Union Representative, who will accompany and represent you directly at your own place of work, giving you the support and help when it is most needed.
Premier Advocates is a company you can rely on, offering positive, practical solutions with comprehensive advice regarding employment law issues at work.
Call us free without obligation to see how our expert trade union representatives will be able to help you and advise you on you employment issue. All of our trade union representatives are professional, independent and impartial. You can talk to them in complete confidence.
Understanding Trade Union Representation
Any employee has the statutory right in line with ACAS code of practice to be accompanied by either:
Your trade Union representative will be able to represent you at any grievance, disciplinary meeting and/or the redundancy processes.
The Trade Union representative can:
The right to be accompanied
You have the legal right to be accompanied at any disciplinary meeting where this meeting can lead to some form of disciplinary action or sanction taking place, this means even just a verbal warning or being demoted or moved. Taking someone with you is called the ‘the right to be accompanied’ You also have the right to be accompanied at any grievance meeting, the final redundancy consultation meeting and/or any appeal meeting.
Who can accompany you to a meeting?
You have the right to be accompanied by either:
You don’t have a right to bring a solicitor or anyone else to a meeting, including family members, unless it is a term of your contract. You can certainly ask your employer if someone else can accompany you, but your employer does not have to agree to this request. The Company may have a policy or procedure that allows additional individuals to accompany you or it may be a term of your contract.
Make sure you check your contract and your employer’s policies and procedure, as these will say whom you are allowed to bring with you.
What can you do if you are disabled?
If you’re disabled, your employer has a duty to make reasonable adjustments to accommodate your disability. It may be a reasonable adjustment for your employer to allow someone else, such as your carer to accompany you. You will have to make a reasonable request but they do not have to agree to this request.
Can you be accompanied to any meeting?
You do not have the legal right to be accompanied to informal meetings or investigatory fact finding meetings, unless it is in your Company Handbook or policies.
Even though you do not have the legal right and it is not in your Company policy, you can ask and make a reasonable request to be accompanied, as this is good practice, but your employer does not have to agree to this request.
What do you need to do if you want to be represented?
If you want to be accompanied and represented at your meeting, you must ask your employer and this can be by email or letter. It is best to do it in writing, so that you have a record that the procedure has been followed, but it can be done verbally and it is important that you have a witness or record of the conversation in your diary.
In theory, your employer does not have to let you be accompanied unless you make a reasonable request. However, your employer would be unwise to do so and if they did, you can make a reasonable request to adjourn the meeting, to allow you trade union representation.
Choosing the right person to accompany you to the meeting
It is important that you choose the right individual to accompany you to the grievance, disciplinary or redundancy meeting. It is a good idea for your companion to be someone who is calm and supportive, who will take good notes of the meeting, who understands what their role will be and who will helpful to you during the situation.
What happens if your representative cannot make the date selected for the meeting?
Should your companion be unable to attend the date of the meeting suggested, you can ask for the hearing to be rearranged. This can be up to 5 working days from the date of the original meeting.
What can you do if your employer refuses to allow you to be accompanied to the meeting?
Should your employer refuse your reasonable request to be accompanied by a colleague, trade union representative or official, you will be entitled to point out that you have a legal right to be accompanied.
Should you be unable to present your case 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.
Should your employer continue to refuse, you can make a claim to an employment tribunal and if you win, the tribunal can give you compensation of up to two weeks’ pay. There is a limit on how much a week’s pay can be.
If you are experiencing any problems at work and need employment law advice
Please call and speak to one of our advisors without any obligation to see how we can help.
If you are experiencing any problems at work or just want to discuss any issue, Please contact us, with no obligation, to see how our expert trade union representatives might be able to support and accompany you at your place of work to try and resolve the problem.