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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44915
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, How do I go about get a trade union representative for

Resolved Question:

Hi,

How do I go about get a trade union representative for a formal disciplinary meeting this coming Tuesday?
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you are a member of a union?

Customer:

Hi Ben, No I presently not a member of a Union.

Customer:

do you want a break down of the situation?

Ben Jones :

If you want a trade union representative coming with you to a disciplinary then you will need to become a member of one. There are dozens of unions out there but not all will allow you to join because they can be industry-specific, others may not provide representation at such short notice, etc. But you do not actually need to have a TU rep with you. You may have a colleague or you may even go there alone. It is not a legal requirement to be accompanied, it is a legal right but not a requirement

Customer:

I know that I can go along with out a TU rep, but due to the nature of the meeting thought it may be better. Can it only be a colleague as I dont want to involve anyone else in the company for such a sensitive situation?

Ben Jones :

yes - only a TU rep or a colleague. That is unless your employer agrees that you can have someone else, but that is rare

Customer:

if it is chosen my services are no longer required, would it be worth me going down a legal route for unfair dismissal under medical groups ?

Ben Jones :

How long have you worked there fort?

Customer:

4 years, but had a bit of an issue last year but a different situation

Ben Jones :

If an employee has been continuously working at their place of work for over 12 months they will be protected against unfair dismissal. That means that to fairly dismiss them their employer has to show a potentially fair reason for dismissal and also follow a fair procedure. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to justify a dismissal as being fair and these are: conduct, capability, redundancy, illegality or some other substantial reason. The employer will need to show that the dismissal was for one of those reasons and also justify that it was appropriate and reasonable to rely on it in the circumstances. So whether you have a case for unfair dismissal very much depends on the reasons they use to dismiss and also the procedure that is followed.


 

Customer:

ok, I was taken to HR a couple of weeks ago for potential harrassment to my EX gf as I wanted answers to questions. Does a written warning have to be signed as I was told last time I had an issue that I was getting a written warning but it was never signed and I didnt actually see the warning only the invite letter to the meeting?

Ben Jones :

no it doesn't. If you knew that you were being issued with a warning and had details of it then that would be sufficient

Customer:

so potentially i need to start to look for a new job ?

Ben Jones :

I can't say if that is the case unfortunately, only the employer knows

Customer:

ok well i will be providing medical information again to what my ex drove me too and why emails were being sent.

Customer:

it does seem the employer are siding with my ex

Ben Jones :

again, it is not for me to say if that is the case or not, all I can do is advise you on the law that applies here, not the employer's intentions

Customer:

ok thanks

Ben Jones :

My pleasure. Unless you need further help, I would be grateful if you could please press Accept before exiting. Many thanks and all the best.

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