UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

My question is two-pronged - 1. My friend took out a griev…

My question is two-pronged:- 1....
My question is two-pronged:-

1. My friend took out a grievance against his line manager and was himself suspended a few days later. Should both of them have been suspended? In this case the line manager is still working whilst the investigation carries on. There has been a Hearing and he is awaiting the verdict or outcome of that Hearing,
2. Is there a legal requirement that your Representative should be a Union member?


I am very busy at the moment (Wed. 6th) and may not be able to continue with this correspondence until Friday 8th. Sorry!
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 27 minutes by:
10/5/2010
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,467
Experience: 10 Years of experience in Employment Law and HR
Verified
Was he suspended for raising a greivance or for another reason? How long has he worked for the company?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

He worked on a project involving a lot of money from sponsors. Unbeknown to him this project was hijacked by his line manager, several serious alterations were made and submitted to one of the sponsors under my friends name. He only discovered this by chance and re-submitted his own and original figures to the sponsor. He put in a grievance about this but within a week he was suspended on full pay and has been off work for over a year. A decision is expected soon following an investigatory hearing.

 

He has been with the company for about 708 years.

are you saying that his suspension has lasted over a year? If so why has it taken the employer so long to bring the matter to a hearing?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

Partly because my friend became unwell with stress and hypertension and secondly during this time he fractured all the toes on one foot. Matters became complicated and he required hospital admission. The Hearing was heard in 2 sessions - the first was terminated after half an hour because his Union representative had to leave abruptly to deal with a 'more complicated matter involving 100 employees elsewhere' and the second leg was held some weeks later. At his request his employers activated his e-mail account so he could access information/evidence to support the claims in his Grievance letter. He was given two very short time extensions in order for him to do this but because he had to trawl through three and a half years of e-mails he could not achieve this in the time-frame he was given and the account was de-activated. He had only managed to achieve about 40 per cent of what he wanted. He is now waiting for the outcome of their investigation.

I'm still not clear about the connection between the grievance and the suspension so can you please clarify:

 

1. The reason for the grievance

2. The reason for the suspension.

Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

Like I explained above, he was working on a Financial Project for the Refugee Council which involved a lot of money. This Project was surreptitiously taken over by his line manager, several serious changes were made, and it was then submitted to the Funder (HBOS) in my friend's name. When my friend received some queries from HBOS he realised what had happened and submitted his own set of figures (the original figures). He then took out a grievance against his line manager for having submitted a false set of accounts in my friend's name. That same week he was suspended on the grounds that he should not have submitted the altered figures.

I hope I'm making sense!

Customer reply replied 7 years ago

Is it possible to pick up where I left off on Friday? I still need answers to my previous queries.

Many thanks.

 

Ok no problem, sorry I was offline over the weekend. Just one further question before I answer your original questions. Is his line manager accused of the same thing?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago

More or less, but he wasn't suspended, even though he is being investigated as well.

Ok to answer your 2 questions:

 

1. If they are both accused of the same offence and one is suspended and the other is not then the person who is suspended has the right to raise a greivance regarding the difference in treatment. If the employer cannot justify the decision he can argue that it amounts to a 'breach of trust and confidence'. If he is dismissed and the other person is not this would be grounds upon which he could argue unfair dismissal. He may depending on the reason the company give be able to argue it is adequate reason to resign and claim constructive dismissal.

 

2. The right to representation is either by a trade union representative or a work colleague.

 

I would be grateful if you would press ACCEPT if you have found my answer useful. I will then leave the question open to answer your follow on questions for free.

Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago
The answer to the first part of my question is fine, but what I really wanted to know is, does a Director of Human Resources have the right to contact the trade union representative, without prior reference to the employee? This was not done in an attempt at reconcilation.
why would they do so if it wasn't to assist the employee?
Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago
Right from the very beginning my friend had issues with the HR Manager whom he believed knew what was going on and should have stepped in and done something about it. He didn't. When it came to a Hearing my friend objected to his presence at that Hearing but was over-ruled by the Director of HR. Throughout the Hearing (this was done in 2 legs several weeks apart) the HR Manager practically comandeered the Hearing and my friend wrote to the HR Director about this and accused her of defending him regardless. She is turn contacted the Union representative who supported the HR Manager's behaviour, not my friend. What none of these people knew (still don't) was that my friend had already written to the Unite Head Office outlining his concerns about whose interest this representative had in mind. Apparently this Representative had threatened my friend, at both legs of the Hearing, that if 'you don't 'do things their way (the company) I will withdraw my support'. My friend had never trusted this Representative from the word go, he felt that he was not on his side. He has now decided to dispense with the Union services.

The head of HR does not have the right to insist that your friend is represented by this union rep. It is up to your friend to chose his representative. The amounts to a breach fo trust and confidence and your friend should raise a grievance.

 

Both things this and the suspension do give your friend good grounds to complain that this amounts to a breach of trust and confidence.

 

Your friend should also complain to the head of the union about the representative's inappropriate conduct.

 

I would be grateful if you would press ACCEPT if I have answered your original question.I will then leave the question open to answer your follow on questions for free.

Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,467
Experience: 10 Years of experience in Employment Law and HR
Verified
Jenny McKenzie and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Jenny McKenzie Your Own Question
Jenny McKenzie
Jenny McKenzie
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,467
6,467 Satisfied Customers
Experience: 10 Years of experience in Employment Law and HR

Jenny McKenzie is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,005 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

6,467 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I have received Form SSP1 from my employer together with my
For Ben Jones, I have received Form SSP1 from my employer together with my P45 as I have been made redundant whilst being on sick leave (I am still on sick leave now). I am very confused regarding the… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have been accused of theft in the workplace and the police
I have been accused of theft in the workplace and the police are now involved. I don't know what to do … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,996 satisfied customers
I have worked for my employer for 10 years on 27th May this
For Ben Jones I have worked for my employer for 10 years on 27th May this year and have recently been made redundant whilst on sick leave. I have a query regarding how the criteria used in the selecti… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I had to go A and E on saturday due to abdominal pain. I
Hi i had to go A and E on saturday due to abdominal pain. I rang my employer and asked to payback my hours rather than sick as it would trigger a warning as i took a sick in november 2017 but she refu… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My girlfriend has been asked to attend a meeting discussing
My girlfriend has been asked to attend a meeting discussing whether or not she be terminated from work due to business circumstances. This meeting is on Friday and she has been told the only alternati… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have three questions which I hope you can help me with. My
For Ben Jones I have three questions which I hope you can help me with.My first question: I have recently been made redundant whilst on sick leave. I was given 4th May 2018 as my date of redundancy an… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I am writing to ask you question about the Employment Law.
Dear Sir, I am writing to ask you question about the Employment Law. My employer has been using some Law to make me redundant and it is very obvious to me that their action is unfair and prejudiced. I… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
240 satisfied customers
How are you?. Please could you help me? I started to work
Hi. How are you? I'm Aura. Please could you help me? I started to work for this company in 04.07.16. So unfortunately I have less 2 years. 27.01.18 I used Whistle blowing procedure to alert about Mana… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
240 satisfied customers
I had a query in regards to commission clawback by an
Hi, I had a query in regards ***** ***** clawback by an employer. I am currently a self employed life insurance advisor for a company, if I am to leave can the company I work for legally require me to… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have an employment contract for the last 24 years from our
I have an employment contract for the last 24 years from our company in the UK. Since January 1, 2007 I have been assigned to our German office with a German boss, who has determined my salary, bonus … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I accidentally left my bag with my uniform and ID card with
I accidentally left my bag with my uniform and ID card with codes for departments on public transport. I have reported it lost and the ID card has been deactivated and the department in question has c… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Can a majority of 52% of shareholders terminate the board of
Hi, can a majority of 52% of shareholders terminate the board of directors without calling for an EGM and replace them with themselves ?… read more
Buachaill
Buachaill
Barrister
Master's Degree
23 satisfied customers
I help manage a team of people in the United Kingdom. Can
I help manage a team of people in the United Kingdom. Can you help me understand how to distinguish between someone being a contractor versus an employee in that jurisdiction ? I'm familiar with the l… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
UK - English Tax Law ..... Since my Philippino wife
UK - English Tax Law ..... Since my Philippino wife came to England in October 2008, she started working as a Nanny/Housekeeper for a family that now has 5 Son's, receiving £230:00 a week (4 years ago… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,560 satisfied customers
We have an employee who has worked for us for 3 months. We
We have an employee who has worked for us for 3 months. We advertised on Indeed for a part time warehouse operative on flexible hours at living wage which was then £7.50 an hour. All of our other ware… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Hi i am looking forward to work as self employed and considering
Hi i am looking forward to work as self employed and considering an option to be a sole trader or setup a LLP company. I would like to know which is more tax efficient and legal. I have been approache… read more
SoftwareVince
SoftwareVince
Senior Accountant
Master's Degree
25 satisfied customers
AverageI have to pay my employees average commission over
Average I have to pay my employees average commission over three years. I know that this is the amount divided by 36. However, if a new person starts and has one month commission how should this be ca… read more
taxadvisor.uk
taxadvisor.uk
Accountant and Tax Practitioner
Chartered Certified Accountant - FCCA
3,165 satisfied customers
I have been working Irish construction company 5 years on a
I have been working for an Irish construction company for over 5 years on a commission only basis. I had another job (part-time) when I started but after 6 months gave that up to work full time for th… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,560 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x