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