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“How can I arrange for a union representative to accompany me if I’m not already a union member?”

You are here: Home / Disciplinary / “How can I arrange for a union representative to accompany me if I’m not already a union member?”

23rd May 2020 by wrsexpert Leave a Comment

WRS can help if you need union representation – providing you with the very highest quality support available at any Disciplinary, Grievance or other similar meeting. 
All reliable sources of information on your workplace rights will explain that you can be accompanied by a trade union representative at grievance or disciplinary meetings at work if you are already a union member. Here are links to three such reliable websites: the Government’s, ACAS’s and Citizens Advice.
 
But you may be asking yourself, “what can I do if I am not already a union member?”
When can I be accompanied to meetings?
It can be very daunting having to deal with a problem at work. You might want to make a grievance complaint because you feel you have been treated unfairly. Or are at risk of disciplinary action because of allegations about your conduct, performance or amount of sickness absence.
 
Yet you are only entitled to be accompanied at workplace meetings on two conditions:

  • First, that it is a Formal Meeting with your employer about a problem or concern you have at work. This could be on a disciplinary, grievance or other similar matter.
  • Second, that the person who you want to accompany you is either a work colleague or a representative of a trade union.
These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. If your employer prevents you from being represented, it could have to compensate you. Or pay you an extra 25% compensation if you later win a case at employment tribunal.
 
To be clear, you cannot insist upon being accompanied by a solicitor or someone from Citizens Advice. Nor a friend or member of your family. So, if it is a professional you want to support you – and why wouldn’t you if your job could be at risk – it must be a representative of a trade union!
Why should I be accompanied?
Whether you have a complaint you want resolving, your job is at risk, or you have been told to attend a disciplinary meeting, the facts are the same. You will be at a significant disadvantage if on your own. This is because:
  • A Hearing Manager and Notetaker – and possibly someone from HR – will be on the other side of the table. You will be outnumbered and could be at risk of being pressurised or intimidated.
  • The Hearing Manager running the meeting will almost certainly be briefed by either HR, or a legal professional, on how to run proceedings in the best interests of your employer.
  • There will be no-one there on your behalf; taking notes, acting as a witness and providing you with moral support.
Let’s face it – you will feel under considerable pressure. So if you are on your own, what are the chances of you being able to present your case and version of events in the most effective and persuasive way?
Not a union member?
At the very least, you should arrange for a work colleague to accompany you. This is far better than being on your own.
But WRS provides a unique ‘pay as you need it’ service. Meaning we can arrange union representation for you even if you are not already a union member. 
How would a union representative be able to help me?
There are different types and quality of union representation.
 
Some unions train unpaid local representatives to provide local support. Others use paid and experienced officials, who are naturally able to provide a superior quality of representation.
 
A well-trained and effective representative of a trade union will guide you through every stage of tackling any work problem. They will help you prepare a Written Statement, and present your case at your Formal Meeting. 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”.
(Paragraph 16, ACAS Code of Practice on Disciplinary & Grievance Procedures)
 
The union representation that WRS arranges meets the very highest standards of professionalism. This is by  union specialists, with exceptional knowledge and experience.
Will I be able to join a trade union once I need help?
In most cases, the answer is ‘No!’.
 
Trade union membership is like an insurance policy. Members are expected to pay monthly subscriptions – typically costing over £160 a year – to insure themselves against the possibility of having a problem at work.
 
It isn’t in the interest of unions to let new members join and receive immediate representation. Otherwise, why would anyone else bother to be a member if they left joining to only when they needed help? So to exist, unions need a large membership base paying subscriptions every month to spread the cost of representation.
 
Therefore, most unions place restrictions on new members. New members are denied representation for ‘pre-existing conditions’. Or for any issues arising within their first three or six months of membership.
 
That’s why, once you already have a problem or concern at work, if you contact a union directly they will almost certainly tell you they will not help.
WRS’s ‘pay when you need it’ support …
Workplace Representation Services (WRS) provides a unique new service. We arrange trade union representation on a ‘pay when you need it’ basis … even if you have not already a union member.
 
And this is provided by the most highly knowledgeable and experienced union specialists, with an excellent track-record of success.
 
WRS can provide the following support in advance of your Formal Meeting takes place:

  1. An initial free initial consultation. Here, we evaluate your representation needs, discuss how to prepare your case, your prospects of success and an estimated cost of WRS’s support.
  2. For grievance (or similar) cases, draft your initial complaint letter.
  3. Prepare a detailed Written Statement, setting out your case and version of events. This is essential to maximising your chances of success.
… and representation!
Furthermore, WRS can arrange for you to be accompanied by a trade union specialist at any Formal Meetings. By accompanying you, they will:
  • Balance numbers at the hearing, act as a witness and provide you with moral support. You will no longer be at risk of being bullied, intimidated or misled.
  • Present your Written Statement, in the most effective and persuasive way.
  • Guide and support throughout the hearing – if necessary requiring adjournments to brief you.
  • Object to unfair lines of questioning.
  • Ensure proceedings meet ACAS requirements.
  • Present a closing statement, summing up your key points and arguments
With such a knowledgeable and experienced union specialist next to you, we can exercise significant influence and control over how your Formal Meeting is conducted and how your arguments understood. Your case will be presented in the most persuasive and effective way.

Category iconDisciplinary,  Grievances,  Representation Advice,  Representation Tips Tag iconDisciplinary,  Formal Meeting,  Grievance,  Hearing,  Representation,  Right to be accompanied,  Support,  Union Representative,  Work Meeting,  Written Statement

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