How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I work with the NHS, I had lapsed with my payment with the

Resolved Question:

I work with the NHS, I had lapsed with my payment with the professional body the Royal College of Nursing (RCN) and they are refusing to represent me because the incident happened in August, 2013 and I rejoined the organisation in the first week in October, 2013 I need legal representation for a disciplinary hearing I am having on 12th December, 2013.

Can you please give me advise / sign post me for a legal representative for the above.

Waiting in anticipation for a speedy and favourable reply.

Diane Henry-Fraser
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the disciplinary for?

Customer:

I had already went through an investigation proceedure and the disciplinary action is for a) Administering a travel vaccination that the client already had and a) Not completing an incident form and b) not reporting the incident to my line manager

Ben Jones :

When you attend a disciplinary hearing in the workplace you will not be allowed legal representation. All you can rely on in terms of a companion is a colleague or a trade union representative. As far as union reps go, you would obviously need to be a member of a union to be able to use them to provide someone who can accompany you. So you would have to consider joining some union to do this. The issue is that some may not be able to provide you with representation unless you have been a member for a minimum period of time, or have a certain level of membership. These will vary from one union to another and it is something that needs to be agreed with them, depending on their terms

Customer:

I was not aware legal representation was not allowed in a disciplinary case in the workplace. I have already investigated the unions and I am aware of their terms and conditions. Some you need to be a member for at least 4 weeks before representation can be provided.

Customer:

Is there any other options for representation or is everything already addressed in your above answers?

Ben Jones :

by law (sections 10-15 of the Employment Relations Act 1999) all you are allowed in terms of representation is a trade union representative or a colleague

Customer:

OK Thank you very much for your expertise advised. Greatly appreciated.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

Ben Jones and other Law Specialists are ready to help you