NGSU Regional Councils – Oct/Nov 2014 Fair Treatment at Work Nationwide Group Staff Union

NGSU Regional Councils – Oct/Nov 2014 Agenda Fair Treatment at Work Scope/Principles/Responsibilities ACAS Code FTAW in Practice Right to be Accompanied Dismissals Employment Tribunals For information only – not legal advice!

NGSU Regional Councils – Oct/Nov 2014 Fair 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

NGSU Regional Councils – Oct/Nov 2014 Scope 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

NGSU Regional Councils – Oct/Nov 2014 FTAW 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

NGSU Regional Councils – Oct/Nov 2014 FTAW 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

NGSU Regional Councils – Oct/Nov 2014 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

NGSU Regional Councils – Oct/Nov 2014 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

NGSU Regional Councils – Oct/Nov 2014 ACAS 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

NGSU Regional Councils – Oct/Nov 2014 FTAW 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

NGSU Regional Councils – Oct/Nov 2014 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 Practice

NGSU Regional Councils – Oct/Nov 2014 Right 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

NGSU Regional Councils – Oct/Nov 2014 Suspension 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

NGSU Regional Councils – Oct/Nov 2014 Disciplinary Outcomes No Action Record of Informal Discussion Written Warning Final Written Warning Action Short of Dismissal Dismissal –Summary dismissal –Procedural dismissal Resignation

NGSU Regional Councils – Oct/Nov 2014 Dismissals Fair Reasons to Dismiss –Conduct –Capability –Redundancy –Breach of Legal Requirement –Some Other Substantial Reason (SOSR) Frustration of contract – Imprisonment!

NGSU Regional Councils – Oct/Nov 2014 Unfair 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

NGSU Regional Councils – Oct/Nov 2014 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’

NGSU Regional Councils – Oct/Nov 2014 Employment 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

NGSU Regional Councils – Oct/Nov 2014 ET 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