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Author Topic: Speaking on behalf of staff member  (Read 5659 times)

mnd81

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Speaking on behalf of staff member
« on: 25-04-18, 03:38PM »
Hi

I was recently informed by management that a Union Rep can not speak on my behalf during meetings. I understand that they cant answer questions for me but according to the Union handbook it says Reps ''represent members and speak on behalf of members in meetings.'' So are management lying?

Also can a non Union Rep who has been asked to attend a meeting speak on behalf of their colleagues? For example if a persons English is not very good can they bring a trusted colleague with them instead of a rep and have them talk?

Thanks

baldeagle

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Re: Speaking on behalf of staff member
« Reply #1 on: 25-04-18, 04:35PM »
If you are asked a question did you do this or did you say that, as a direct question you should reply not your rep,however if you are asked a general question i,e did you think this or that, then your rep or colleague can reply on your behalf. Personally I have had no problems speaking on behalf members could be a manager not knowing the law.your second part is the same reply.But if language is a problem the manager should be supporting the individual to have somebody to speak for them.

claden

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Re: Speaking on behalf of staff member
« Reply #2 on: 25-04-18, 04:37PM »
Your rep can absolutely speak for you in a meeting in fact anyone you take in with you can speak on your behalf.

adamlad

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Re: Speaking on behalf of staff member
« Reply #3 on: 25-04-18, 04:38PM »
Reps have the right to address the meeting but cant answer the question for you . So for example you would have to speak first but then say I dont understand and then ask you rep to help or you can answer the question put to you by the manager  then ask your rep to comment on something you or management have said - they cant just provide direct answers with you saying nothing

Non reps cant speak thats company policy. If the person does not understand English well, they are there as a translator which the company have to support with (ACAS guidelines) that is different from them being there as a rep.

having said that if a person asks for help with language issues the company may accept the trust colleague or they may provide a manager fluent in the language. Our group has a polish speaking line manager who does that and supports stores

claden

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Re: Speaking on behalf of staff member
« Reply #4 on: 25-04-18, 06:14PM »
Sorry non reps can speak on behalf of a colleague same rules apply can't answer direct questions but can speak on their behalf.

lucgeo

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Re: Speaking on behalf of staff member
« Reply #5 on: 25-04-18, 07:25PM »
A non rep has the same recognised rights as a union rep. They are the "chosen representative" and the Tesco stance that non reps are only there to witness and take notes of the meeting, but not allowed to speak, is pure bulls***!

They can speak on your behalf if you request them to, i.e. if there is a language/ understanding problem, or you just want them to. But it's either you or the rep answers the questions, not both.
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Nomad

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RubyRed

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Re: Speaking on behalf of staff member
« Reply #7 on: 25-04-18, 09:11PM »
Language barriers aside. Why would you not want to address the meeting yourself and answer questions. Surely you are the best person to represent yourself?

lucgeo

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Re: Speaking on behalf of staff member
« Reply #8 on: 25-04-18, 09:26PM »
Not every colleague is confident enough to speak up for themselves! There could be a number of reasons...emotionally flooded ( tesco speak) depressed, mental health, communication breakdown or mistrust of the manager, young, naive or inexperienced in dealing with such situations.....to name a few.
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notsofunny

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Re: Speaking on behalf of staff member
« Reply #9 on: 25-04-18, 09:48PM »
Language barriers aside. Why would you not want to address the meeting yourself and answer questions. Surely you are the best person to represent yourself?
Its not just about you being able to or not being able to answer questions , its more to do with having that feeling that you have someone  that understands what is going on,

At times you are asked things that has nothing to do with what you have been called in for , sometimes it becomes more like a Interrogation in which the same thing is asked over and over again ,
And don't forget the Note taker is not just taking notes, he/she is giving support to the person asking the Questions , and is more than likely to be trained in what they are doing , so why not have someone as trained as they are with you ?

In all the cases i have been in , every one of the reps has spoken, Not to give a reply to what is asked , but to put over a point of order , I have even had one very young rep  that turned up with rings in his ears nose, tattoos, and pink hair and sandals and a pink Floyd t/shirt on , he said nothing besides hello and giving his name ,, But then 15 min into the Questions he tore the manager apart , after which when ever I was asked to arrange a rep I would call him  :D  so remember its not just about speaking on behalf of,, its more of speaking up for .. :)

GreenGrocer

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Re: Speaking on behalf of staff member
« Reply #10 on: 26-04-18, 10:55AM »
Not every colleague is confident enough to speak up for themselves! There could be a number of reasons...emotionally flooded ( tesco speak) depressed, mental health, communication breakdown or mistrust of the manager, young, naive or inexperienced in dealing with such situations.....to name a few.

Or all of the above. The TMs are clueless. Why do Tesco employ TMs who throw a lot of BS your way and hope some sticks.

T.C.1

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Re: Speaking on behalf of staff member
« Reply #11 on: 26-04-18, 06:10PM »
With the restructure of PM's and the ever decreasing GA's who knows about policy inside out it seems Managers are running riot!! At least some of the old PM's would pick up on a Manager that did not following policy but reading on here some of the b***s*** managers are saying in meetings or disciplinary meetings it seems like they just want to fire people left right and centre!!

adamlad

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Re: Speaking on behalf of staff member
« Reply #12 on: 26-04-18, 06:22PM »
@ claden

Only an union rep can speak and is permitted to address the meeting.

this text is lifted from the policy on our tesco.com

a colleague may feel more comfortable having a person of the same race, sex, religion, etc. or someone who is familiar with the circumstances, to accompany them. This is in addition to the representative. In this instance, the colleague should speak to the Personnel Manager. This person’s role would be to provide support; they cannot speak on behalf of the colleague during the meeting.

T.C.1

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Re: Speaking on behalf of staff member
« Reply #13 on: 26-04-18, 06:42PM »
Granted but when the meeting is over the colleague that they brought in with them can say the Manager is talking tosh and advise from there, reading other topics on this site some of the miss information that some Managers are saying in meetings is very disturbing.

baldeagle

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Re: Speaking on behalf of staff member
« Reply #14 on: 27-04-18, 08:00AM »
Right to be accompanied.Section 10 employment relations act 1999. The answers you seek are covered here.

BlueToon

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Re: Speaking on behalf of staff member
« Reply #15 on: 27-04-18, 09:36AM »
@ claden

Only an union rep can speak and is permitted to address the meeting.

this text is lifted from the policy on our tesco.com

Which policy are you using for this please?

adamlad

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Re: Speaking on behalf of staff member
« Reply #16 on: 27-04-18, 10:03AM »
There is a pdf guide on the our tesco web site called disciplinary policy its point 7

https://www.ourtesco.com/working-at-tesco/people-policies/job-career/disciplinary-stores-office/

apologise If I am not allowed to have posted links

BlueToon

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Re: Speaking on behalf of staff member
« Reply #17 on: 27-04-18, 10:14AM »
Thanks adamlad,
BUT..... I still can not find that particular quote in there.
Can you quote more of the paragraph that it is in?
I ask because it is an important point, and I have come up against this problem before in a store.

grim up north

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Re: Speaking on behalf of staff member
« Reply #18 on: 27-04-18, 10:52AM »
@ claden

Only an union rep can speak and is permitted to address the meeting.

this text is lifted from the policy on our tesco.com

a colleague may feel more comfortable having a person of the same race, sex, religion, etc. or someone who is familiar with the circumstances, to accompany them. This is in addition to the representative. In this instance, the colleague should speak to the Personnel Manager. This person’s role would be to provide support; they cannot speak on behalf of the colleague during the meeting.

Isn't that the main point you're discussing? So there can be you, your rep and another colleague. So if it's just you, and another colleague, who is your representative at that time, they can speak in the meeting?



GreenGrocer

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Re: Speaking on behalf of staff member
« Reply #19 on: 27-04-18, 10:56AM »
Anyone can speak but nobody will listen. 

Nomad

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Re: Speaking on behalf of staff member
« Reply #20 on: 27-04-18, 11:04AM »
Does not the purpose of the meeting (investigatory, disciplinary etc) have an impact on who can attend/represent/speak ?
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BlueToon

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Re: Speaking on behalf of staff member
« Reply #21 on: 27-04-18, 11:06AM »
grim up north,
Correct, the way it was worded  "Only an union rep can speak and is permitted to address the meeting", is not my understanding of the role.
Nor can I find that in the policy.
That is why I was questioning where in the policy it stated that.
A colleague rep (in my understanding) has EXACTLY the same rights in the meeting as a union rep.
If anyone can show (prove) different within the policies, I would be happy to be corrected.
 And Nomad, to the best of my knowledge, the type of meeting has no bearing on who your chosen rep is.
Again, I am happy to be corrected if it can be shown otherwise. :-)

claden

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Re: Speaking on behalf of staff member
« Reply #22 on: 27-04-18, 12:37PM »
It is really clear in the disciplinary policy and the absences sickness policy. Anyone can be your representative it doesn't have to be a 'union' rep. Anyone who goes into a meeting with you can speak on your behalf. The Union want people to think only union reps can speak but it is not the case. As for the quote I was tagged in that is if you have a 2nd person in the meeting over and above hour 'representative '

BlueToon

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Re: Speaking on behalf of staff member
« Reply #23 on: 27-04-18, 02:11PM »
It is really clear in the disciplinary policy and the absences sickness policy

Oh I agree entirely.
The annoying part is that many managers do not seem to agree, and many staff have no idea of this.
One wonders if the union are happy with it as they can then say "you need to be in the union"!

A1bert

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Re: Speaking on behalf of staff member
« Reply #24 on: 27-04-18, 02:46PM »
Internal, Disciplinary, Version 3.3, Page 5 of 12, January 2017

in this policy it states anyone can speak during meeting. its in section 8.