ngsu regional councils

NGSU Regional Councils – Oct/Nov 2014

Fair Treatment at WorkFair Treatment at Work

Nationwide Group Staff Union


AgendaAgenda

• Fair Treatment at Work

• Scope/Principles/Responsibilities

• ACAS Code

• FTAW in Practice

• Right to be Accompanied

• Dismissals

• Employment TribunalsFor information only – not legal advice!


Fair Treatment at WorkFair Treatment at Work

• Individual Representation– Key element of our member

proposition

• Recognition Agreement– Acknowledges our role in FTAW

• FTAW Policy– Sets out the principles that cover the

operation of disciplinary and grievance procedures


Scope of the FTAW PolicyScope of the FTAW Policy

• FTAW Policy– Disciplinary Policy– Improving Performance Policy

• FS Test Failure Provisions

– Probation Policy– Ill Health Capability Policy– Grievance– Harassment & Bullying

• Other Procedures– Rating appeals/Job evaluation/flexible

working/redundancy


FTAW PrinciplesFTAW Principles

• Operation of Policies– Fair, reasonable & sympathetic treatment– In accordance with Diversity & Inclusion

Policy– Make reasonable adjustments to

procedures– Provide employees with support– In resolving issues – managers and

employees must act reasonably– General Secretary informed if Rep is

facing disciplinary action


FTAW PrinciplesFTAW Principles

• Managing concerns about performance or conduct– Use policies to help achieve

required standards– Provide evidence before invited to a

formal hearing (at every stage)– Give consideration to finding

suitable alternative work


FTAW Principles FTAW Principles

• Formal Hearings– Right to be accompanied– Chaired by managers with training

or relevant experience– Dismissals not conducted by

immediate manager (except in probation)

– Appeals are heard by a more senior manager


FTAW Responsibilities FTAW Responsibilities

• Employees– Demonstrate good performance &

behaviours; report concerns; cooperate and support investigations

• Managers– Set clear standards; provide training and

support; deal with issues informally; take formal action if appropriate; allow team to raise concerns without fear of victimisation

• HR– Ensure FTAW principles are followed;

provide support to employees and managers; facilitate informal resolution


ACAS Code of PracticeACAS Code of Practice

• FTAW Policy follows the good practice set out in the ACAS Code

• ACAS Code – A Statutory Code– Not legally binding but the reference

of good practice for Employment Tribunals

– Minimum requirements in NI

• Covers Discipline and Grievance


FTAW in PracticeFTAW in Practice

• Disciplinary– 48 hours notice of hearing– Details of concerns and evidence– Level of Hearing– Right to Accompanied– Appropriate Chair– Right to mitigate and challenge – Outcome in writing– Right of Appeal


• Grievance– To raise concerns– Fair investigation – Formal meeting to discuss– Appropriate Chair– Right to be Accompanied – Outcome in writing– Modified procedure of ex-employees

FTAW in PracticeFTAW in Practice


Right To Be AccompaniedRight To Be Accompanied

• Statutory Rights– Disciplinary/Grievance

• Colleague or Trade Union Official• NGSU Rights of Representation

– Support before/during/after the hearing– Right to ask questions and speak on

behalf of member/summarise– Challenge evidence and proceedings

• Informal interventions– Feature of our relationship with NBS


SuspensionSuspension

• Not a formal sanction; penalty or inference of ‘guilt’– full pay & benefits

• Enables investigation to proceed and protects the individual and business

• Only senior HR managers can authorise– Should be limited and short period

• Despite this – there is reputational damage


Disciplinary OutcomesDisciplinary Outcomes

• No Action• Record of Informal Discussion• Written Warning• Final Written Warning• Action Short of Dismissal• Dismissal

– Summary dismissal– Procedural dismissal

• Resignation


DismissalsDismissals

• Fair Reasons to Dismiss– Conduct– Capability– Redundancy– Breach of Legal Requirement– Some Other Substantial Reason

(SOSR)• Frustration of contract – Imprisonment!


Unfair Reasons to DismissUnfair Reasons to Dismiss

• Can be automatically unfair if related to:– Maternity/pregnancy/discrimination– Requesting Flexible Working– Trade Union activity

• Industrial action of up to 12 weeks– Refusal to give up rights

• Rest breaks/WTD etc– Jury Service– Whistle blowing– Compulsory Retirement

• Unless objectively justified


Dismissals Dismissals

• Unfair dismissal– Reason is ‘unfair’

• Wrongful dismissal– Breach of contractual term

• Constructive dismissal– Employer’s Action breaches trust and

confidence– Can be the ‘last straw’– There must be a ‘dismissal’ – Employee should leave immediately to

avoid claim that action has been ‘accepted’


Employment TribunalsEmployment Tribunals

• Qualifying Period– Before 6 April 2012 normally one

year (and in Northern Ireland)– After 6 April 2012 normally two

years– Discrimination – no qualifying period

• Unfair Dismissal Claims– Must be made within 3 months


ET ProcessET Process

• Early Conciliation Process– Informal resolution via ACAS

• ET Fees– Claim fee (£160-£250)– Hearing fee (£230-£950)

• ET hearings have fallen– Down by 75%– Legal Challenge by UNISON

• NGSU Policy– Slater & Gordon rate as better than 50%

chance of success

ngsu regional councils – oct/nov 2014 fair treatment at work nationwide group staff union

Documents

ftaw ftaw policy

practice slide

grievance slide

grievance procedures

disciplinary action

practice disciplinary

senior manager slide