Legal rights Every employee has rights to: • a written statement from their employer setting out their terms and conditions • an itemised payslip • paid annual leave • sick pay • work in a safe working environment • maternity leave, pay and time off for ante natal care etc • time off • time off to deal with an emergency involving dependants • equal pay for men and women • minimum periods of notice before an employer can terminate their employment • a redundancy payment • be paid at least the national minimum wage • be accompanied by a trade union official or a co-worker to grievance or disciplinary hearings at work. They have rights not to: • have their wages stopped or part of their wages deducted • have their contract changed by their employer without their agreement even if their employer sells his business to a new employer • work a working week in excess of 48 hours • be bullied or discriminated against on the grounds of race, sex, disability, trade union activities or because they work part-time • be unfairly dismissed.

Representing members

When UNISON members face problems at work, the first person they should turn to is their UNISON steward.

An important part of the steward's role is to support individual members by helping them to take their concerns to the employer.

Being confident about how you advise the member is a critical first stage. Having a Case Form at hand to help the member record all the aspects of the problem shows that you have an efficient approach. Knowing how to advise the member - what should be done - comes next.

UNISON's Representation Guide (stock number 2426) is crucial step-by-step guide to how you should approach grievance and disciplinary matters. Enrolling on a basic stewards course, or One Step Ahead, will introduce you to the guide, whilst taking a UNISON course on representing members in grievance and disciplinary cases will equip you to support your members, know how and when to get help and know the limitations of what is expected of you.

But just as important is your ability to help groups of members solve their problems collectively. Group problems often present an opportunity to organise and get any non-members signed up - after all, their case will seem stronger to the employer if your position isn't undermined by non-members.

The Representation Guide also offers guidance on dealing with collective grievances, separate from those issues that are raised through collective bargaining machinery and where you want to change conditions of service.

Stewards, along with safety representatives and learning representatives, can act as a team, working together to find solutions to problems - are there health and safety aspects that strengthen the grievance, or is provision for learning a possible solution? Again, guidance is available for all representatives in the UNISON Representation Guide.

Members and their registration bodies
A new leaflet to alert members how to get help if they are told an allegation has been made against them and they are to be investigated under the Vetting & Barring or Protection of Vulnerable Groups schemes, or by their professional registration body. The key message is "act fast!". Often the member may learn they are to be investigated after you have finished a disciplinary hearing with the employer, even where the member has not been dismissed. You can help to ensure the member is ready to act swiftly by giving the member this leaflet at your first meeting. Download the leaflet in PDF format

Advice for activists | next: Working with the employer

ADVICE FOR ACTIVISTS
The workplace rep
Working with members
Recruiting
Representing members
Working with employers
Health & safety
Campaigning
Your rights
Getting involved
Branch development
Procurement

Effective representation

As a new steward, it is likely that you will only be involved in the early, more informal stages of a grievance or disciplinary procedure. If matters go beyond the first stage, you should involve a more experienced steward or branch officer. Your input in the early stages of a case is crucial. Downloads Case Form [PDF] Case Form [DOC] UNISON Reps Guide 2012 - [PDF] Model letters [ZIP] Interviewing the member Interview the member to get as complete a picture of their view of what the problem is as you can. You need to know everything including the weak points. Get the facts Listen carefully and ask at least five key questions: Who is involved? What is the problem? Where did it occur? When? Why? Make sure you get all the relevant names, dates and places. Identify any agreements or rules that may be involved. Check the facts Check other sources of information and your employer's procedure. Assess the case Is there a case? Tell your member honestly what you think based on the evidence. If there is a case and the member wants to proceed, discuss what action is possible and what you feel should happen. Preparing your case Before approaching management, make a plan of the case, which should be based on presenting the facts. Make sure that you have the correct procedure and that every one is following it correctly. Do not meet management on your own. Always take the member with you. As a new steward, you may want to allow a more experienced steward to present the case. At the hearing Be clear and courteous but firm. Make your case Make your case clearly and simply. Get a decision Make sure that a decision is made and ensure that both you and management understand precisely what the decision is. Agree on what will be done next and by whom. Make sure there is a written record of the outcome.

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