WO toolkit 2012 complete.pdf - GMB

SECTION 4.2
THE LAW ON REPRESENTING INDIVIDUAL MEMBERS
The law now provides minimum rights to all workers to have proper representation under an agreed
procedure when facing a disciplinary hearing or lodging a grievance.
RIGHT TO BE ACCOMPANIED FOR ALL WORKERS
This is covered in section 10 of the 1999 Employment Rights Act and gives all workers the right to be
accompanied to any disciplinary or grievance hearing by a union representative or‘companion’.This law
does not mean GMB is required by law to represent any worker who asks us for help,(see section 1.4).
THE LAW ON DISCIPLINARY AND GRIEVANCE PROCEDURES
It is a fundamental principle of trade unionism that everyone should have the same rights at work and
faces the same sanctions,with the employer following the same laid down procedure.It is impossible to
have a fair system if the rules are not written down somewhere and understood.GMB has argued for
decades that it is essential that written procedures exist for individual problems,otherwise
management will be free to operate their own unaccountable system of shop floor‘justice’.
The 2002 Employment Act ensures every employer has to have a written procedure and to tell their
workforce what it is.
As part of the 2002 Employment Act,ACAS has produced a minimum procedure that all employers must
adopt.GMB policy is to make sure that we improve on this procedure in workplaces where we have
members.
Every employer must have at least the following procedures,which must be written down and
published:
STANDARD DISCIPLINARY PROCEDURE
Step one–Written Statement: A written statement of the employee’s alleged conduct sent to the
employee
Step two–Disciplinary Meeting: The date if this meeting must be notified to the employee with at
least five working days notice.The employee should be advised of their right to representation and the
findings of the meeting should be notified to the employee with advice on their right to appeal.
Step three–Appeal: The employee must notify the employer of their wish to appeal.The appeal
meeting must be held in reasonable time and preferably with a more senior manager present.The
employee must be notified of the decision soon after the meeting.
Note:
In the event of instant dismissal due to alleged gross misconduct,step two can be missed.
STANDARD GRIEVANCE PROCEDURE
Step one–Written Statement: The GMB member must set out their grievance in writing and send it to
the employer.
Step two–Grievance Meeting: After a reasonable time has passed,the employer must call a meeting to
discuss the grievance.Employees have the right to be accompanied at this meeting.After the meeting,
the employer must advise the employee of the decision and of their right to appeal.
Step three–Appeal: The employer must invite the employee to a further meeting to discuss their
appeal and this meeting should be attended by a more senior manager.After the meeting the employer
must inform the employee of their decision.