The crucial role of your rep if your job is under threat

Chances are you are in a spot of bother or have a serious concern about a work-related matter if you’re asking your trade union representative for help.

What you will be desperate to know in such circumstances: is what can they really do to help me?

It may be that you are facing the prospect of disciplinary action and the threat of dismissal, feeling bullied by management or that you have not been paid for work you have carried out.

These are all situations in which the help and support of your trade union representative (Rep) can be invaluable.

It may be a generation thing, but there are varying views of Reps and their usefulness, effectiveness and role in the modern-day workplace.

In some quarters they are seen as a cause for good standing up and fighting for workers’ rights, while others consider them disruptive, obstructive and unhelpful.

The view of trade unions and the role and influence of them has changed considerably from what it once was back in its heyday in the 1980s. At one stage during that period union density is said to have stood at 50 per cent compared to 27 per cent in 2010.

A trade union aims to safeguard and advance the interests of its members and will represent and defend the rights of workers.

The role of the Rep is wide-ranging. The focus here, however, is on what they can do to help in common situations where your job may be under threat.

Reps can accompany workers to a range of formal meetings with management that may lead to dismissal.

This can include disciplinary hearings, capability meetings or redundancy consultation meetings.

The prospect of redundancy is always extremely worrying and unsettling for any workforce.

You do not have an absolute legal right to be accompanied by a Rep to all of the redundancy consultation meetings.

However, employers are advised to allow you to be accompanied if you make a request for a companion to attend a consultation meeting with you. You should ask for the support of a Rep if you find yourself in this situation.

At such a meeting your Rep can be a reassuring presence, work to ensure you are treated fairly, make sure your views are heard and that all alternative options to redundancy are fully explored and considered.

Reps can also accompany you to a disciplinary or grievance hearing with management.

For such meetings, The Employment Relations Act 1999 provides you with a statutory right to be accompanied by a companion.

The Rep needs to be certified in writing as having experience of having received training, in acting as a worker’s companion at disciplinary and grievance hearings.

If your Rep is not available on the date your employer proposes for the hearing, you have a statutory right to suggest an alternative date within five working days of the original date. Your employer should comply with this.

During the hearing, a Rep can confer with you, put your case, sum up the case, respond on your behalf to any view expressed at the hearing. Your rep cannot, however, answer questions put directly to you.

If your employer calls into question your capability to do your job or has concerns about your attendance you may be invited to a formal hearing to discuss the matter.

If such a meeting reaches a stage where dismissal is a potential outcome you can be accompanied at such a meeting. The role of your rep will be similar to that which they can perform at a disciplinary or grievance hearing.

Reps can also provide advice and support on a range of workplace matters if asked or needed.

If you are interested in finding out more information in the above blog please give us a call 08448 444 982 or email us at helpdesk@employeesunitedunion.co.uk