Great Britain: employees cannot give away, in their contract, the right to be represented by a trade union at disciplinary hearings

An Employment Tribunal in Manchester has ruled in favour of a GMB union member on the right to be represented at any internal disciplinary hearings by a representative of his or her chosen trade union from day one on the job regardless of employment status. The decision also stated that employees cannot give that right away in their contract.  Whereas, in this case, the union fought to be part of the hearing, generally speaking, union organisations don’t really use this right, even though it can help them set foot in a company – except when it is part of a clear organising strategy.  (Ref. 130438)
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The plaintiff, Mr Francis Collins, lodged an Employment Tribunal claim after he was refused trade union representation during a disciplinary hearing in the three-month probationary period of his job with ILC Manchester (t/a International Learning College in Manchester) where he worked as an employment tutor in 2012.

The plaintiff had eleven weeks’ service when he was denied representation at a disciplinary hearing. The company claimed that he had signed a clause stating: ‘The company reserves t

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