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WO toolkit 2012 complete.pdf - GMB

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SECTION 5.31<br />

GROUP FIVE<br />

DISCIPLINE AND DISMISSAL<br />

31. Can I be represented in a disciplinary or grievance hearing?<br />

Workers have the right to be accompanied at disciplinary and grievance hearings and appeals,even if<br />

their employer does not recognise their union.<br />

This right is available to all workers(including agency and home workers)regardless of the number<br />

working for their employer.<br />

You can choose who to have as your companion,providing the person is either:<br />

• A union lay official certified as experienced or trained in representing workers;<br />

• a trade union officer; or<br />

• another of the employer’s workers.<br />

The right applies to:<br />

• Any disciplinary hearing which could result in a formal warning,or in the employer taking some<br />

other action e.g.dismissal,suspension.<br />

• Appeal hearings.<br />

• Grievance hearings(i.e.a hearing which concerns the performance of an employer’s duty towards<br />

a worker).<br />

The request to be accompanied must be‘reasonable’,so do not leave it until the last minute.It is best,<br />

though not obligatory,to put it in writing.<br />

The employer must allow your companion to address the hearing to:<br />

• Put your case,<br />

• sum up that case and<br />

• respond on your behalf to any view expressed at the hearing.<br />

Your companion can also confer with you during the hearing.S/he will therefore normally be able to<br />

address the hearing both at the beginning and end of the proceedings and will also have the<br />

opportunity to respond to views expressed.However,the employer is not required to permit the<br />

companion to:<br />

• Answer questions on your behalf,<br />

• address the hearing if you indicate that you do not want the companion to do so,or<br />

• use the powers in a way that prevents the employer from explaining his case or any other person<br />

making his contribution.

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