New procedures but business as usual for Usdaw

All employers have to follow new minimum standards on grievance, disciplinary and dismissal procedures from October 1, 2004. While these are welcome in non-union workplaces, in Usdaw sites existing agreements are already far superior.

For the first time UK employees now have the right to have legal minimum procedures for dealing with grievance, dismissal and other disciplinary action.

The new laws also place important responsibilities on employers and employees and are particularly significant in workplaces where Usdaw is not recognised and there are no agreed procedures.

Failure to follow the new statutory regulations by employees will see them denied the right to take their case to a tribunal or have their compensation cut by up to a half. Similarly, failure on the part of employers could see them severely penalised at tribunal (see further details below).

However, while welcoming the new rules, General Secretary John Hannett is keen to see existing agreements retained. “For the vast majority of union members in Usdaw organised workplaces, the procedures already in place will be better than the minimum standards required by the Government,” he said. “For that reason our reps should insist on these union/company agreements being maintained and improved where possible. What we don’t want to happen is for companies to think they can ditch these agreements and replace them with the minimum requirements. This would not be in the best interests of our members.”

What you should know

• Discuss it first informally with your rep and line manager.
• If it cannot be sorted out submit your complaint in writing.
• If you have not had a reply within 28 days lodge a tribunal claim and seek advice from Usdaw.
• Attend any hearings you are invited to, and take your rep with you.
• If you disagree with the company’s decision put your appeal in writing.
• Attend the appeal hearing, again with your rep.
• If you disagree with the employer’s decision use the ET1 form to lodge a tribunal claim.

Disciplinary and dismissal procedures checklist:

• Your employer must give you a written statement of the charges and the facts of the case and time to consider these before a hearing.
• You must attend the hearing which has to be at a mutually convenient time.
• Take your rep with you.
• You must be given the chance to explain your side of the story
• You must be informed of the decision. Ask for this in writing.
• You must be told of your right to appeal.
• Appeal in writing and keep a record.
• Your employer must hold an appeal hearing. Attend it with your rep.
• A more senior manager, different to the one who dismissed you, should hear the appeal and inform you of the decision.
• To pursue a tribunal claim you must submit form ET1 within three months from the date of dismissal.

Don’t pay the penalty

• Be barred from making a tribunal claim.
• Have your compensation cut by between 10 and 50 per cent.
If you do not go through the disciplinary procedure and appeal you will have your compensation cut by between 10 and 50 per cent.

If your employer dismisses in breach of the procedures:

• The dismissal will be automatically unfair.
• Compensation will be increased by between 10 and 50 per cent.

A leaflet for members and a reps’ handbook will be available in December. More information will follow in Network (December 2005). For more immediate advice contact your rep or local Usdaw office.

Notes to Editors:

• Usdaw is the UK’s fifth largest trade union with over 339,000 members. Most Usdaw members are shopworkers, although the union does have many members in other trades including transport, distribution, call centres, home shopping, food manufacturing, dairy process, chemicals and pharmaceuticals.

• More information and news releases are available at our online Newsroom.

• Journalists can subscribe to receive Usdaw news releases via our online e-news service.

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© 2003 (USDAW) Union of Shop, Distributive and Allied Workers
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