As Reps we deal with a number of disciplinary cases. Unfortunately not all managers and HR are fully conversant with the law or Fujitsu’s policies, so it is important that all staff are familiar with their basic rights:
- Legislation bans any employer from denying union members representation by a union official irrespective of site, employer, grade etc. Additionally, Central Park have a union recognition agreement where Fujitsu accepts the right of amicus members to be represented.
- The representative CANplay a full part in the hearing.
- If you appeal against a warning, it can’t make things worse – an appeal can only uphold or reduce a disciplinary sanction.
- If your manager wants to discipline you, your manager will write to you to invite you to a disciplinary hearing. They should provide details of what the alleged misconduct is, a copy of the Conduct policy, and copies of any relevant evidence.Contact your Unite Rep straight away.
You MUST be informed beforehand.
The ACAS Code of Practice on Discipline and Grievances at Work is here.
If you find yourself, without warning, in a disciplinary meeting, GET IT ADJOURNED until you can get a Rep (or a colleague to go into the meeting with you, and they have given you the information mentioned above. You have this right – by not giving you at least 24 hours’ notice they are breaking their own policy!
We would remind members to seek advice from a rep at the earliest opportunity if you may be the subject of a disciplinary hearing, whether you wish to contest it or not. We come across a lot of irregularities in the conduct of disciplinaries, which are often avoidable. It is a lot harder to correct a bad decision once it’s been made, than to avoid it in the first place.
In the last resort you might have to seek legal redress against a company decision – particularly if you are dismissed, perhaps unfairly. If the need to take legal action is even a remote possibility it is vital that you:
- follow the relevant procedures correctly
- take every opportunity to appeal
- ensure you file any legal claim within the relevant time limits, even if internal company appeals are still pending.
Your Unite rep will help you to stay within the rules and help you ensure you don’t lose your right to legal redress.
Having a trained representative can make a big difference – please DON’T leave contacting Unite until you’ve already had the result of the disciplinary – it’s much better for you to be represented at the first stage. IT IS YOUR RIGHT, and it’s what you pay your subs for! So please, GET A REP!