WO toolkit 2012 complete.pdf - GMB

SECTION 4.3
Verbal warning
Minor infringements can lead to a formal verbal warning.This will be held on the member’s records for
a specific period of time as set out in the employer’s procedure.
Written warning
If the infringement is more serious or if the infringement happens again,the worker may be given a
formal written warning.This will be held of the members’records for a specific period of time as set out
in the employer’s procedure.
Final written warning
Where there is a failure to improve or change behaviour during the currency of a prior warning,or
where the infringement is sufficiently serious,the worker may be given a Final Written Warning.
Action short of dismissal
Instead of simply sacking your member,the employer might demote them,transfer them or suspend
them from work for a period of time.
Employment Tribunals(ET)
You must refer to your GMB Officer about any potential claims to Employment Tribunal for your
member.ET claims are only submitted following assessment by GMB Officials.Cases that are considered
by the ET to be‘frivolous or vexatious’can result in costs being awarded against GMB.
It is essential that any member seeking to lodge a legal claim against an employer at Employment
Tribunal has first used their own procedure or the legal minimum procedure as set out above.
There is a strict‘three month less a day’time limit from the date of the dismissal(even if there is a
subsequent internal appeal to be heard),so it is essential that you move swiftly.
Contact your GMB Officer immediately if one of your members is dismissed.He or she has access to
specialist support from GMB Regional Legal Officers and from solicitors nominated by GMB.
DISCIPLINARY MATTERS CONCERNING YOURSELF OR ANOTHER WORKPLACE
ORGANISER
As a representative of GMB you have certain rights and entitlements.It is against the law to
discriminate against someone because of his or her trade union activity.If there is any suggestion of
disciplinary action being taken against you or another workplace representative contact your GMB
Officer as soon as possible,even if the supposed grounds are nothing to do with your role as a Workplace
Organiser.
Also insist that the employer writes to your Officer setting out the details.
Any GMB Representative or Workplace Organiser has the right to be represented by their Branch
Secretary or GMB Officer in such circumstances.
EQUALITY ISSUES
Any disciplinary case that involves issues of race,gender,age,religious or sexuality discrimination
should be reported to your Branch Secretary or GMB Officer straightaway as they may involve complex
legal action in the future.