Dear all,
Continuing with my I need a lawyer thread.
Now, my Union is not representing me. I failed a complained to the HQ but, I think is not going to take me anywhere. So, I am going to my hearing with no not taker, no union rep, so on my own!. Any ideas of what can I do to sort out this awful mess?
I am just replying to myself so the post goes to the latest post topics.
Hi Happy Nipple, I am not fully au fait with these matters, but as Broomstick Lady says, you are entitled to have someone with you, whether they are a Union Rep, a colleague, or your Great Uncle Albert (GUA). The advantage of a decent Union Rep would be that they know all the legal stuff and can speak for you, whereas GUA might not be permitted to speak. I occasionally accompany people to meetings, if not exactly like this, then similar, and often what’s useful is someone who is primed to know what you want to say/cover and is a second pair of ears… GUA might be good in this regard. Don’t feel you must go alone, cos that simply is not true.
I think, as Broomstick Lady says, if your rep is ill, you could quite reasonably ask for a delay until they are well, or until someone else can act for you.
Sorry I can’t help and more than that, and hope you get a good reuslt and soon.
Was going to reply to the original thread last night but I was shattered - it was a waiing bone scan results week and I always go to pieces - but aOK on that front so me back to normal for another 3 months!
My understanding is you’re entitled to be accompanied by someone to that meeting, and the usual if union member is the rep. Given your rep has gone off sick, I would expect our employer would be almost under an obligation to rearrange the meeting for when a rep is available. While obviously not ideal, in some ways from the outside I see the sickness as actually being a bit of a silver lining, in that it didn’t sound as if the old rep was going to do much for you anyway. Had she been there then the employers Is would have been dotted and ts crossed, but in her absence they’re not, and I’d expect the union to appoint someone in her place.
You’ve written to them - now on Monday ring them, say you’ve written but things have changed since then with the reps sickness - what do they intend doing to help on that immediate front.
Again from the outside but having been there, and you may not take this well so bear in mind it’s meant constructively. My barsteward of an employer put me thru hell for 9 months when I really didn’t need it, until I was finally made redundant, which to me at the end was the result I needed. While I initially wanted to go back to work, after things continued for a while I began to see they just didn’t want me and even if I won the disabilty argument my life was going to be permanently looking behind my back waiting for the next stab, and they would be setting me up to fail so they could get rid of me - I’ve seen it done before. this was what made me decide to go for redundancy. It’s since transpired I’ve got secondaries and they are such I’m very up and down physically and mentally so don’t think I could hold down a job anyway. All I’m trying to say here - and I don’t knmopw your circumstances - is sometimes a clean cut is best - tho take them for everything you can!!
Hope this helps - it’s intended in that way, not negatively.
Nina
Sorry - edited for sense - thats hard for me!! - but it meant I ended up under RevCat’s comment rather than above her
I used to work for citizens advice. They have members of staff who are employment specialists, and if you make an appointment they should be able to advise you. Our specialist workers used to attend tribunals, and seemed to have a fair level of success.
Hi people,
Thaks for the advice. The problem is, that I believe that my Union maybe colluding with my manager. She also has refused to represent me because I made a complaint about her to Union Central. I don’t think that to swear at me and giving me the wrong information is acceptable. To make thinks worst, she is the only Union rep for the whole department. I am quite concerned that Unison is not going to help me at all. The time is running out and this whole situation is just a big piece of c***
I’ve been an active trade unionist for 35 years and your situation sounds VERY strange. You need a paid Unison official to represent you at any hearings, not the workplace Union rep who just won’t be experienced enough. Contact union HQ before this hearing, and tell them you absolutely need representation pronto. In the meantime I think you are quite in order to refuse to attend the hearing if your ‘representation’ is not available.
all the best
grumpy
Hi grumpy.
I know that my case sounds strange. I had two meetings with the union rep and the regional rep. right from the beginning, I requested someone more experience that my branch rep, and the answer I got was that the regional rep felt she was able to represent me. In October I wanted to issue a grievance and they stopped me without even looking at my statement and documentation. I was frightened and confused at this stage and I decided to follow their advice.
Them, when things seemed to be calmer, I got the sickness hearing, at this second meeting, I again raised the issue of the grievance and, they told me I could not raised a grievance at this stage which is bollocks. ACAS advice to present the grievance and also, informed me that a grievance can be presented at any stage. At this point the rep just ask me, quite crossed if ACAS was representing me which was not the case. The union regional rep was terrible, she sworn at me and pressed me not to present the grievance and even not to ask for the postponement as I wanted and “to get it over ASA”.
This time I wasn’t ready to let it go. I tried to press for the grievance, this time my union branch rep, (all of this by SMS), told me she would no represent me if I did not follow their advice and I decided to go ahead with the grievance. She did not informed me of the response to the postponement, knowing that the hearing was just the week after, she did not see the importance of preparing together the questions and proofs, so for her, it did not matter that for the whole of last week I could not reach her and, she was having surgery and unable to work and therefore, to meet me and prepare.
When I told her this, she told me to call the branch and ask for another rep. The branch was closed that day fro training or something. I called the central and they said they would deal with this urgently. So far, I hear nothing from them.
I feel they are colluding with my employer, otherwise I cannot explain their inaccuracies (because there were more than one), between ACAS and them.
I have been yesterday to the HQ and presented a complaint. I told them I needed urgently a union rep with experience in disability. The whole thing just sucks.
So tell me grumpy, can they refuse to represent me, after my formal complain? The hearing will proceed with me bringing a rep or not, because according to their policies, it’s my responsibility to arrange that.
I am just tired and fed up with this!
Just an update,
I still don’t have a union rep. I called Unison HQ this morning and they weren’t helpful at all. I believe they are leaving me on my own and taking no notice.
Broomsticklady, I think I understand where you are coming from and I take your advice well. I just think that, it should be our decision if we want to pursue a career or we won’t, based on our personal choices and not as a result of bullying or harassment, o even policies that benefit just the employeer.
x
Sorry to hear your still havingproblems with your union. No wonder you feel they are there for your employer - not you.
I didn’t know that a union rep could refuse to help you.
I had a return to work meeting this morning - my union rep was there - my manager came along. My Manager makes no secert that she doe’snt think I should come back to work. The union rep privately agrees - however he stands up for my right to try and return to work.
Remember your covered by the disability act - and your employer has to make reasonable ajustments to allow you to return to work.
Take care and don’t let them grind down.
If you’ve got the strength, just keep banging away at Unison - they’ll do something to get rid of you! If you’re getting blanked by someone, just ask who their supervisor is and go to them, and carry on that way. Don’t know if you can find the names of some high hejons to drop into conversation - might be worth checking website.
I’d be thinking about a backstop too. If you remployer says its your responsibilty to get a rep, I think they might be treading close to the wire - I’m not sure its legit for them to say we’re having the hearing whenever, whether you’re represented or not. But by the sound of it, I’m assuming they’re already in breach of disabilty / equality legislation, so possibly take the view one more breach makes no odds. Someone suggested CAB - my Macmillan rep on my DLA appeal was CAB and very good - can you get a backstop there, but make sure it’s minuted that you’ve had to do this and it’s not what you wanted - the disadvantage they have is not knowing all the politics etc which exist.
I’m glad I didn’t offend - I didn’t want to, I just wanted you to realise it might not actually be the best for you to carry on in employment where you are. It was part of Lloyds banking group I worked for and to be frank they had no idea of disabilty legislation and rode rough shod over it. In many ways I’d have loved not to compromise on redundancy as I did, but the union national secretary was frank with me that it would be tough, and didn’t I have enough to deal with - I think she would have been happy to pursue it but was worried about the time lag and me, and in retrospect with my sec dx she was right. She also said I might be worse off financially depending on the judge at the hearing.
Sometimes you have to accept that altho you’re 100% right, and have the moral high ground, that the personal cost of proving it can be more long term grief than you bargained for. But you have to do what is right for you at this time, so when you look back you can’t say ‘I wish I had / hadn’t …’
Nina