LRD guides and handbook September 2015

Disciplinary and grievance procedures - a practical guide for trade union reps

Chapter 4

4. Investigation 


[ch 4: page 19]

At this stage, TUC guidance outlines the typical role played by a union rep representing a member facing a disciplinary as follows: 


• meet the member to gather all the facts. Ask the member to gather any relevant facts and information;


• provide a reassuring presence, offering support, but no guarantees about the outcome;


• explain the different stages of the procedure, the likely timescale and what is likely to be expected of the member;


• encourage the member to be honest throughout. If material emerges during the investigation suggesting that a member has provided misleading or inaccurate information or has not been completely truthful, they are likely to be at a serious disadvantage; and


• encourage the member to be involved in helping with the case, for example, keeping a diary, gathering information and identifying witnesses. 


Source: TUC Workplace Manual, 2012 


There is no statutory right to be accompanied to an investigation meeting. However, sometimes there is a right to be accompanied to investigation meetings under a negotiated agreement. Having a companion may also be a reasonable adjustment for a disabled worker (see Chapter 8). 


TUC Workplace Manual, a practical handbook for union representatives, 2012, published by the TUC, price £18 for TUC member unions. 


https://www.tuc.org.uk/publications/tuc-workplace-manual-2nd-edition