Sunday, 16 October 2011

Can I bring a rep in with me?

It surprised the life of me when someone asked me if they were entitled to bring in a rep with them.  Their relationship with their manager was not quite like mine.  Neither of them trusted each other.  The manager had led this individual to believe that bringing in a rep would just cost them.  In the end, it cost him.  The individual joined a union and although lost his job, the union rep helped his case for unfair dismissal.   The organisation settled before it went to court.  Two weeks later, the manager was "persuaded" it was in his own interests to resign.  Just desserts in my eyes.

Trade union representatives

If you are represented by a recognised trade union in your workplace, then your employer should collectively consult with the trade union representatives (reps). If your employer consults with your trade union they are not required to consult collectively with anybody else.

Your representative can be anyone from within the Union.  I was lucky enough the get the Branch Secretary, a man who I had known for over 15 years and had huge respect for.

If a trade union is not officially recognised by your employer (i.e. the union and employer has not agreed to bargain about terms and conditions), if it is still has strong support, the unit can apply for a declaration that it must be recognised.  When a union has been granted statutory recognition, it has a legal right to bargain with the employer.

Trade Unions have moved on from the 1970's.  They have a lot of experts at their finger tips and often can deal direct with the head honchos in your organisation.  During redundancy negotiations, this is a lot of stress off your shoulders.  Think about it.


Employee representatives

However, Trade Unions are still seen in some quarters as old fashioned and disruptive.  You may not want to be involved with them or may feel it would harm your case to be seen to be supported by them.

However, you are still entitled to have a representative.  You may know someone you can bring in.

Or your employer may be persuaded to set up an employee forum or a group of reps.  These people will take part in the consultation on your behalf.  The rep could be an existing rep, for example reps involved in ongoing information and consultation arrangements, or they could be specially elected for this consultation.

The reps must have the authority to represent you and must be fit for the task.  I don't mean they should all be qualified in employment law - but they should know you and what you do.  It's a pointless exercise bringing in someone to talk on your behalf if they don't know the minutiae of your job and the reason for redundancy.


Collective consultation

If your employer is thinking about making collective redundancies (ie more than 20 employees in one organisation over a 90 day period) they have a duty to consult with the potentially affected employees' representatives.

If your employer doesn't consult the representatives, you may be able to make an Employment Tribunal claim for a protective award. This is an award of up to 90 days' pay.

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