Prospect has extensive experience of dealing with workplace issues. We can provide support by giving advice or by presenting the member's case. We use our local representatives who are trained to handle personal cases, and where appropriate, full-time negotiators. They in turn are supported by specialist staff at Prospect headquarters who can advise on all employment issues.
While we are usually successful in resolving issues at the workplace, sometimes we cannot reach agreement and we need to consider whether the law offers a solution. However, the fact of representing a member within a workplace procedure does not commit Prospect to pursuing a legal case on their behalf. There are different factors to consider in relation to a legal claim compared to a case pursued at the workplace.
A legal claim requires Prospect to assess the merits of the case against established principles that will guide our judgement of whether we can reasonably expect to be successful. Such an assessment does not apply to supporting members within workplace procedures, where legal considerations are not always so relevant. Members will be advised on the legal consequences at each stage of their personal case. A full explanation will be made whether we pursue a case or decline support because there is no reasonable prospect of success at law.
Advice on employment rights is available to working members (including those whose employment has just terminated). Retired members are not entitled to advice on employment-related issues (see Terms & Conditions).
How to get advice
Members seeking advice on a personal case should first apply to their local representative. Many cases will be dealt with entirely by lay representatives, who can raise and resolve issues directly with management. Assisting with grievances and representation at internal disciplinary hearings is also usually done locally. Assistance is always available from the full-time negotiator to take over the case if necessary.
Your right to be accompanied
All workers have the statutory right to be accompanied by a trade union representative at disciplinary or certain grievance hearings. The statutory right applies where the worker is 'required or invited' to attend a hearing, and the worker reasonably requests to be accompanied. This right extends to workplaces where Prospect is not formally recognised. Where appropriate the member will be accompanied by their local representative, or if necessary by their full-time negotiator.
Full-time negotiators
Complex or appropriate cases will be referred to the full-time negotiator to decide whether support should be given. From this stage the negotiator will be responsible for all aspects of the case, handling representations to management and any Employment Tribunal application. Negotiators can take advice from Prospect's pensions, legal and research experts.
Prospect legal team
The union's legal officers are based at Prospect House. They provide advice and assistance on employment law to full-time negotiators. To avoid any overlap with industrial relations issues, queries to the legal team should usually be directed through the full-time negotiator.
Where necessary and at Prospect's discretion cases may be referred to the union's solicitors, barristers, or other advisors. They may be asked for an opinion or to represent a member when the case cannot be dealt with by Prospect representatives or staff.
Conflict of interest
Where a case involves disagreement between two members, Prospect will represent them separately to avoid any conflict of interest.
Key employment rights
Many statutory employment rights depend on an employee's length of service. Some rights apply from day one, for example the right to time off for dependants. Others apply only after completing time in the job, for example the right to parental leave only applies after one year's continuous employment.
There are strict time limits for making applications to an Employment Tribunal. As the table shows, an unfair dismissal claim must be presented within three months of the effective date of termination. Some employment claims can go to other courts where different limits may apply.
Time limits are only extended in exceptional circumstances. In many cases employees are required to submit a formal written grievance to their employer before making a tribunal claim and this can mean the time limit is extended. But these rules are complicated so it is important the full-time negotiator is involved in a tribunal claim from an early stage.
You can find a link to the summary in our employment rights factcard on the right hand side of this page. |
