Role of the rep at a disciplinary hearing (TUC guidance):

[ch 5: pages 62-63]

• be familiar with the procedure to be followed;

• be familiar with the member’s case;

• speak clearly and politely, setting out the member’s case concisely;

• be assertive and confident, not aggressive or over-bearing;

• treat managers with respect but also insist on respect for yourself and the member;

• listen to what management says;

• try to resolve the issue in the initial stages — it is not wise to rely on issues being resolved at a later stage;

• stick to the issue and try to prevent management straying onto unrelated issues;

• discuss the issues related to the case but do not discuss personalities;

• decide whether to use open or closed questions to put to the member or witnesses. Open questions, such as “tell us what happened” can enable the member to give a convincing, unprompted response, whereas closed questions (typically questions with a “yes/no” answer) can help make sure central issues are confirmed;

• remain calm throughout. Losing your temper will not assist the member. Likewise, if the member becomes upset or angry, this is unlikely to impress an employment tribunal at a later date; and

• summarise the main issues at the end of the meeting.