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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I work in the railway where even though you have HR

Customer Question

Hi,
I work in the railway where even though you have HR policies a lot of the time majority of the policies need to be agreed with the union through council representatives.
I was late on duties 3 times over a period between 9 months. I was called into an informal meeting where I took in a union rep to ensure fair play.
I then was put on an informal action plan for next twelve months with a review after 6 months.
After speaking to the union apparantly this informal procedure was not agreed by the union. However what the union agreed under what they call the poor performance procedure, I was in the right to raise a grievance and win but the employer had the right to impose the poor performance procedure on me which puts me worse iff.
Would like some advice over this matter.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Yes I am okay to wait.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you with your query. how long have you worked for your employer for?
Customer: replied 1 year ago.

3 years

Customer: replied 1 year ago.

I was called in to this informal procedure originally releasing me from my full duties, I was told it was just informal. After seeking advice and help from the union reps in the end they did not release me from my full duties and kept it informal. However I signed am informal action plan whereby if I was late again depending on how genuine my late incident was it may lead to discliplinary action. The informal procedure was not agreed by the union. However if I raise in grievance which is well within my rights I could do so. I was told I would win this however my employer has every right to place me on the poor performance procedure which is agreed by the union

Expert:  taratill replied 1 year ago.
Are you saying they will not put you on the performance procedure if you do not raise the grievance?
Customer: replied 1 year ago.

Yes.

Expert:  taratill replied 1 year ago.
Hi you cannot be prevented by your employer from raising a grievance as this is your right as an employee. Sadly raising grievances can sometimes have a knock on effect of starting a formal procedure. In your situation if you are objecting to an informal procedure as it is not in your contract/ handbook then the logical response of an employer might be to institute formal proceedings. What they cannot reasonably do is threaten you with this (although I do not think they have it is just the union correctly informing you of the risk).
Ultimately it is up to you whether you want to raise a grievance or not in these circumstances.
Please let me know if there is anything further you would like to know about this.
If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for the response. The management mentioned I am not the only person to have an informal action against me. I understand there is no excuse to be late. However after I do raise a grievance and they do formal proceedings, this to me shows I had not had an informal discussion with my manager. Usually an informal discussion can be taken anywhere and just a short discussion, whereby I believe I didnt need to commit to anything.

Expert:  taratill replied 1 year ago.
Hi that makes sense, but ultimately if you are late to work your employer does have the right to take action. There is probably no point in trying to get out of this on a 'technicality'. If there was no informal discussion first then potentially you can argue that they should not have gone straight into a procedure, however you are likely to be seen as a troublemaker who does not respect rules. It is probably better for you to accept the procedure and try to get to work on time in the future. This way it will eventually be forgotten.

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