RIGHT TO BE ACCOMPANIED/REPRESENTATION AT FACT FINDING INVESTIGATORY MEETINGS – SOUTH WEST TRAINS (BR2/4/4)

Circular No IR/314/11

TO ALL BRANCHES, REGIONAL OFFICES & REGIONAL COUNCILS

28^th July 2011

Dear Colleagues

RIGHT TO BE ACCOMPANIED/REPRESENTATION AT FACT FINDING INVESTIGATORY MEETINGS – SOUTH WEST TRAINS (BR2/4/4)

It has come to my attention that South West Trains managers have been initiating disciplinary action at Fact Finding meetings which therefore become the first stage of the disciplinary procedure. Under the employment legislation employees have the right to be accompanied at disciplinary meetings, however informal/investigatory meetings are not covered by this legislation and management can refuse a “request to be accompanied”.

The General Grades Committee has considered this matter and has taken the following decision:

“That we note the correspondence from Thompsons Solicitors outlining their legal opinion regarding the issue. Therefore we instruct the General Secretary to write to South West Trains informing them that any fact finding or other meeting that is convened without the ‘request to be accompanied’ being granted must not result in the following:

· The administration of a formal warning to a worker

· The taking of some other action in respect of a worker

· The confirmation of a warning issued or some other action taken

Branches and Regional Councils to be informed.”

I will now be acting on the instructions of this decision and I will keep you advised of any developments.

Yours sincerely

Bob Crow

General Secretary