ANGRY union bosses have slammed Firstsource over its handling of a dispute with staff.
The Independent Workers Union has released the content of a letter it sent Firstsource in November.
Union official Aidan Hanna said he was releasing the letter following a complaint to the union from a staff member in Belfast.
It reads:
Dear Firstsource Employee Relations,
We would like to document our unions dismay at the lack of knowledge around the handling of disciplinary and grievance procedures.
When consulting with one of our members we were told that a Firstsource official had made the following remarks: “We do not recognise your union so we do not have to respond to any emails or requests made by your union nor do we have to let them have a say in the date of hearing”.
These remarks are unacceptable and we will be raising the constant problems we have of representing members in Firstsource at our next National Executive meeting.
This official continually in emails tells us that any information about meetings must come directly from our members. This obstructive and unreasonable behaviour must cease.
Firstsource is a very large company that makes vast amounts of profit every year. We would ask that you bear this in mind when refusing to engage prior to meetings or when you provide very little information or unreadable minutes that makes representing at times impossible .You surely must have the resources to type up notes, minutes, findings of fact and compile investigation and disciplinary and appeal report. There is a consistent failure to do any of this.
Disciplinary processes and grievances are very serious matters when often a workers career and the financial security of their family can hang in the balance. No employer should use the disciplinary process as a way of flexing their muscles. An increase in disciplinary hearings in a workplace can be viewed as a lack of effective management . The LRA code agrees ;
“Use procedures primarily to help and encourage employees to improve/modify behaviour rather than just as a way of imposing a punishment.”
One must only spend a day at the Belfast Industrial Tribunal courts and witness how dim a view a judge takes on employers failing to conduct disciplinary matters in a fair and reasonable manner.
We have lost count how many times we have quoted the LRA guidelines to you in relation to representation at meetings and yet departures and failures of process continue to be in abundance. We have lost count how many times you have failed to adhere to the basics of conducting disciplinary hearings.
We will quote the relevant aspects of the code for the last time and if you still do not adhere we will contact the Labour Relations Agency and ask them to intervene on every single case. We will contact the Information Commissioners Office and inform them every time you fail to keep accurate records of meetings. We will also have no hesitation in requesting a meeting with Invest NI about your continuous disregard of employment legislation in Northern Ireland .
The LRA code of conduct is clear:”This Code of Practice provides for the repeal of the existing statutory workplace grievance procedures under the Employment ( Northern Ireland ) Order 2003. The requirements of this Code in relation to workplace grievances are similar to the previous statutory obligations, whilst the statutory requirements regarding dismissal and discipline remain unchanged by this Code.
Employers and employees should be aware that failure to follow any aspect of the statutory dismissal and disciplinary procedure will result in any industrial tribunal award being adjusted to reflect this failure.
With reference to grievances, an industrial tribunal can take into account any unreasonable failure to follow the grievance aspects of this Code and may financially penalise the employer or the employee.
Dealing with disciplinary issues in the workplace
Section 1 , 9
When a potential disciplinary matter arises, the employer should make necessary investigations to establish the facts promptly before memories of events fade. It is important to keep a written record for later reference. Having established the facts, the employer should decide whether to drop the matter, deal with it informally or arrange for it to be handled formally. Where an investigatory meeting is held solely to establish the facts of a case, it should be made clear to the employee involved that it is not a disciplinary meeting. ”
It is vitally important to keep accurate records during a disciplinary process. Very often Firstsource’s records of meetings and processes are shambolic and you continually depart from the code of conduct .
The code talks about keeping records. It states; 53. It is important, and is in the interests of both employers and employees, to keep written records during the disciplinary process for future reference.
Records should include:
• the complaint against the employee;
• the employee’s defence;
• findings made and actions taken;
• the reason for actions taken;
• whether an appeal was lodged;
• the outcome of the appeal;
• any grievances raised during the disciplinary procedure
55. Copies of records of meetings should be given to the employee including copies of any formal minutes that may have been taken.
It is often the case that our members are turning up to meetings without prior notification, This is unacceptable and a clear departure. The code is clear on this No 63. When drawing up and applying procedures employers should always bear in mind the requirements of natural justice. This means that, where possible, employees should be given the opportunity of a meeting with someone who has not been previously involved in the process. They should be informed of the allegations against them, together with the supporting evidence, in advance of the meeting. Employees should be given the opportunity to challenge the allegations before decisions are reached and should be provided with a right of appeal.
64. Good disciplinary procedures should:
• be put in writing;
• indicate to whom they apply;
• be non-discriminatory;
• allow for matters to be dealt without unreasonable delay;
• allow for information to be kept confidential;
• tell employees what disciplinary action might be taken;
• say what levels of management have the authority to take various
forms of disciplinary action;
• require employees to be informed of the complaints against them
and supporting evidence, before a meeting;
• give employees a chance to have their say before management
reaches a decision;
• provide employees with the right to be accompanied (See Section
3 of this Code);
• provide that no employee is dismissed for a first breach of
discipline, except in cases of gross misconduct;
• require management to conduct a reasonable investigation before
any disciplinary action is taken;
• ensure that employees are given an explanation for any sanction
Quite often it is evident through email exchanges or in formal meetings that there is clear lack of knowledge around your own disciplinary procedure, LRA code of conduct and a clear lack of training on how to conduct hearings by disciplinary or investigation chairpersons. It also must be highlighted that a note taker must fully concentrate on this role alone and must not ask questions. It is not good practice to have two people asking questions of a worker because it could be argued that it becomes too stressful and a worker becomes the subject of an interrogation. In relation to this the code states;
65. It is important to ensure that everyone in an organisation understands the disciplinary procedures including the statutory requirements. In small firms this is best achieved by making sure all employees have reasonable access to a copy of the full procedures, for instance on a notice board and by taking time to run through the procedures with employees. In large organisations formal training for those who use and operate the procedures may be appropriate.
Section 3 of the code is ” A workers right to be accompanied ”
104. The companion may be:
• a trade union official who is employed by a trade union; or
• a lay trade union official, as long as he/she has been reasonably
certified in writing by his/her union as having experience of, or
having received training in, acting as a worker’s companion at
disciplinary or grievance hearings. Certification may take the form
of a card or letter;
• a fellow worker (i.e. another of the employer’s workers)
106. Workers may choose an official from any trade union to accompany them at a disciplinary or grievance hearing, regardless of whether the union is recognised or not. However, where a union is recognised in a workplace, it is good practice for workers to ask an official from that union to accompany them.
Applying the right:
110. Where possible, the employer should allow a companion to have a say in the date and time of a hearing. If the companion cannot attend on a proposed date, the worker can suggest an alternative time and date so long as it is reasonable and it is not more than five working days after the original date.
At present in Firstsource our Union officials are not being allowed to have a say in the date and time of a hearing. This unlawful practice must stop. The incident which happened on 11/11/2014 must cease with immediate effect.
The code goes on to state;
112. Before the hearing takes place, the worker should tell the employer whom they have chosen as a companion. In certain circumstances (for instance when the companion is an official of a non-recognised trade union) it can be helpful for the companion and employer to make contact before the hearing.
Firstsource must stop telling our members that you do not have to speak to our Union . The code is clear and allows for this good practice to happen.
We trust that this letter makes our position clear and you will begin to conduct disciplinary and grievance hearings in accordance with the code of conduct.
Any failure to do so will impact on our members right to a fair hearing and natural justice .
Yours etc
Aidan Hanna
Independent Workers Union , Belfast Organiser
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