LTU's experience in disciplinary hearings can also be used by members who have left or retired from the Bank but who continue working.

In one such case the Union was asked to represent a member who now works in the Hotel Industry where 5 staff had been accused of theft.

All five of the staff were given 48 hours notice of the meeting and LTU’s member arranged for copies of the ‘factfind’ interviews to be provided to LTU. The Company were surprised when our member turned up with union representation but under the Employment Act 2002 staff have the right to be represented by the Union of their choice irrespective of whether that Union is recognized by the employer. The hearing manager was further confused when the members rights under the Act were set out together with details of the ACAS code on disciplinary proceedings. The hearing manager, at hearings held earlier in the day for staff without any union representation, had already dismissed three members of staff.

The meeting we attended was immediately adjourned so that the hearing manager could seek advice from his superiors. At the reconvened meeting our official further pointed out that the 5 fact find statements bore no relation to each other and that other staff, who had not been previously been questioned, were prepared to provide further details that proved the innocence of the staff involved.

LTU’s member had all charges dismissed and returned to work immediately. The case against the other person still to be dealt with was also dropped. In delivering the outcome at the meeting the professionalism and preparation of the case were commented on by the hearing manager and the representative from the Hotel’s Human Resource department. This was a company that did not recognise Trade Unions and had rarely had to deal with Unions at disciplinary hearings but the value of LTU membership saved our member not only his job but just as importantly his reputation.

Another good example of the work LTU does on behalf of Members who retain their membership on leaving the Bank involved a member now employed by an I.T. Company.

He was told by email that he was to be disciplined for his attitude, lack of business knowledge and technical ability and that the meeting would take place the next day. The employer had said that the latest date the disciplinary could take place was within 5 days.

Having arranged for the hearing to be delayed so that copies of the company’s disciplinary policy could be provided and a statement in mitigation be prepared, an LTU official attended the meeting. Whilst it turned out to be a fact find initially, in accordance with the Company rulebook, it soon turned into a Gross Misconduct situation where dismissal was one of the options available to the Company.

The member admitted some minor shortcomings but rejected the company’s main allegation. After a presentation prepared and delivered by one of LTU’s full time officials the Company decided to give only a written warning. The members was told he would be monitored for improvement over the next three month and we obtained the Company’s agreement that proper assistance would be provided to help overcome any shortcomings.

Professional representation meant our member not only kept his job but also had a proper and effective coaching scheme drawn up to help overcome any future performance issues.

If you are a Pensioner member who now works outside the Bank you can continue to have access to advice on employment matters and independent professional representation from LTU for only £5 per month. Retained Membership also provides access to the full range of membership benefits including IPP (up to age 60).

If you are interested in upgrading your membership simply contact the Union on 01234 826868.