Statutory rights at work
There is case law, and given guidance, on the statutory right to be accompanied, at a grievance or disciplinary meeting. One of the key issues is whether or not an employer can veto the member’s chosen PCS Representative?
Can a manager veto a Trade Union Official?
No. Under section10 (2a) of the Employment Relations Act 1999, the employer must permit the worker to be accompanied by “a trade union official” chosen by the worker.
If the chosen PCS Representative is not available at the time fixed for the hearing, then the worker has the right to postpone the hearing, under section 10 (4) of the Act, to another time which is reasonable and within five working days of the first working day after the date proposed by the employer.
The statutory right to be accompanied is a right that exists for all workers, no matter how many employees there are or whether or not there is trade union recognition by the employer.
Employment Tribunal Claim
A member may complain to an Employment Tribunal (ET) should DWP fail to comply with their statutory right to be accompanied by their chosen PCS Representative.
PCS wins settlement
PCS has supported conciliation action with ACAS to resolve a recent ET claim where DWP vetoed the sacked PCS Representative, Lee Rock, who had been chosen by the member. The agreed settlement in this case included:
- Compensation in the sum of £505.86
- Reimbursement of ET Fees in the sum of £1,200
- Legal costs incurred by the claimant in the sum of £132.00
- DWP agrees to overturn a disputed Final Written Warning, issued under the Attendance Management Procedure, and replace it with a First Written Warning effective from the same date.
