WO toolkit 2012 complete.pdf - GMB

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SECTION 4.3 DEALING WITH MEMBER’S DISCIPLINARY HEARINGS Members will approach you and tell you that they have been called to a Disciplinary or Investigation Meeting. You will first need to get a copy of the disciplinary procedure where you work.If there is no procedure advise your employer that the ACAS minimum applies,(see section 4.2).However the standard practice is as follows: 1. Investigation stage: This will probably include interviews with your member and is designed to find out if any disciplinary action is required.You are entitled to represent your member at these meetings. 2. Exchange of evidence,witness statements and other documents between yourself and management prior to the hearing. 3. Disciplinary Hearing. 4. Appeal Hearing. BEFORE THE HEARING • Make sure of the facts and get the full story from the member.You will be in a difficult situation if any evidence or facts are presented by management at the hearing that your member had not informed you of. • Make sure that you understand the procedure. • Make sure that management are following their own procedure. • Advise the member of the possible consequences if the hearing goes against them which, depending on the gravity of the alleged offence,may include dismissal. • Talk to independent witnesses if you can,management certainly will. • Ask to see copies of witness statements taken by management and exchange all such documents. Do not be rushed into a disciplinary hearing. Insist on time to prepare your case. Remember that the burden of proof lies with management. ASK YOURSELF THE FOLLOWING QUESTIONS: • Have adequate and clear instructions been given by management? • Has appropriate training been given? • Has a similar‘offence’been committed before(not necessarily by the individual(s)concerned this time)? • Were any warnings given at that time? • What was the punishment? In consultation with the member,decide whether it is better to argue mitigating circumstances rather than deny any wrong doing.Arguments in mitigation might include: • Behaviour previously tolerated. • Previous good record. • Lack of information or training. • Domestic pressures. • Medical reasons. • Unclear or unwritten rules. Make sure you have a full written report of the matters to be discussed following the investigation hearings.
SECTION 4.3 ARRANGING A HEARING Agree a date for the investigation hearing which allows at least five days to prepare. Do not accept a disciplinary hearing unless an investigation has been carried out. Agree a date for a disciplinary hearing at least five days in advance.If a member has been informed of a hearing and you cannot attend,seek a postponement in writing.You have the right to do this under section 10 subsections 4 and 5 of the Employment Rights Act 1999(see sample letter at the end of this section). AT THE HEARING Meet management on equal terms Treat them with respect for their position,but insist on respect for you and the member too. Ask questions The more questions you ask the more weaknesses you might find in their case and the more information you will obtain. Try to resolve the issue at the first stage Don’t assume that by letting it go through to the next stage it will then be resolved. Stick to the issue Focus on the matter in hand,don’t allow management to side-track you with other issues unrelated. Discuss the issues,not the people Discuss the issues central to the case,don’t discuss personalities. Use a positive approach Take the approach of positive resolution rather than negative aggression. Listen for the main point of the management’s argument Try to narrow down the differences between the two sides to establish the main point of the case. Keep calm Don’t be provoked into losing your temper.Sometimes management will try to do this to make you lose track of the details and undermine your credibility. Avoid arguing with the person you are representing in front of management If a disagreement arises,ask for an adjournment to discuss the problem outside the meeting room. Don’t make threats This weakens confidence in your abilities and loses you credibility if you can’t carry them through. If you are unsuccessful,act with dignity Remember that you and the management will have other issues to resolve in the future.Get the decision in writing and discuss the right to appeal with your member.
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GMB WORKPLACE ORGANISERS TOOLKIT
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Acknowledgements: This toolkit has
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CONTENTS 1. Your role 1.1 Training
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WORKPLACE ORGANISERS TOOLKIT SECTIO
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SECTION 1.1 The course ends with GM
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SECTION 1.2 WHAT DOES A GMB WORKPLA
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SECTION 1.3 Non-recognised companie
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Page 34 and 35: SECTION 2.5 CONTACTING NEW STARTERS
Page 38 and 39: SECTION 2.6 MEMBERSHIP TRANSFER NOT
Page 40 and 41: SECTION 2.7 CAMPAIGNING We are best
Page 44 and 45: SECTION 2.8 HANDLING OBJECTIONS One
Page 46 and 47: SECTION 2.8 I’ve worked here for
Page 48 and 49: SECTION 2.9 GETTING HELP:BUILDING Y
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Page 56 and 57: SECTION 3.1 COLLECTIVE BARGAINING G
Page 62 and 63: SECTION 4.1 REPRESENTING INDIVIDUAL
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Page 70 and 71: SECTION 4.3 Keep careful notes You
Page 72 and 73: SECTION 4.3 REQUESTING A POSTPONEME
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Page 80 and 81: SECTION 4.5 APPEALS You should also
Page 82 and 83: SECTION 4.5 REQUEST FOR APPEAL HEAR
Page 86 and 87: SECTION 5 GROUP FIVE: DISCIPLINE AN
Page 88 and 89: SECTION 5 LIST OF STATUTORY AMOUNTS
Page 90 and 91: SECTION 5.2 2. What are the maximum
Page 92 and 93: SECTION 5.3 Exemptions Drivers of v
Page 94 and 95: SECTION 5.5 5. Am I entitled to hav
Page 96 and 97: SECTION 5.7 7. Can my employer char
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Page 100 and 101: SECTION 5.11 11. Can my employer ch
Page 102 and 103: SECTION 5.13 13. Am I entitled to a
Page 104 and 105: SECTION 5.15 15. Is everyone entitl
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Page 108 and 109: SECTION 5.18 GROUP THREE MATERNITY&
Page 110 and 111: SECTION 5.19 19. Can I get maternit
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SECTION 5.24 24. What rights do I h
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SECTION 5.25 25. Can I take paid ad
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SECTION 5.26 While on paternity lea
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SECTION 5.27 You may be entitled to
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SECTION 5.28 • You are entitled t
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SECTION 5.30 30. How much sick pay
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SECTION 5.31 If your companion is n
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SECTION 5.32 Even if your employer
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SECTION 5.34 34. How much notice mu
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SECTION 5.35 If you are dismissed b
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SECTION 5.37 37. How much notice do
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SECTION 5.39 39. Who pays my redund
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SECTION 5.40 AGE (years) SERVICE (y
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SECTION 5.41 GROUP SEVEN UNION RIGH
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SECTION 5.43 43. Do workplace organ
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SECTION 5.44
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SECTION 6 ABOUT GMB Although it is
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SECTION 7.1
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SECTION 7.2 HEALTH AND SAFETY LAW-T
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SECTION 7.3 action to resolve them.
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SECTION 7.3 no action urgent commen
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SECTION 7.3 The questions on the pr
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SECTION 7.3
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SECTION 8 PENSIONS INFORMATION Pens
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SECTION 8 Carer’s Allowance-If yo
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SECTION 8 GOOD CONSULTATION PRACTIC
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EQUALITY THROUGH INCLUSION SECTION
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SECTION 17.2 Deaf and deaf “deaf
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SECTION 17.2 EQIA Section 75 of the
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SECTION 17.2 Harassment Unwanted be
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SECTION 17.2 Positive Action Action
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SECTION 17.2 Transsexual(or trans)p
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SECTION 17.3 EQUALITY LEGISLATION:A
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