Though the officers will have encountered a whole range of problems at work the most common problems fall in to one of a few categories; disciplinary or performance matters raised by the employer, workload or personal grievances, discrimination and bulling & harassment. Many personal cases will involve more than one of these elements.
Most members will not need to seek help from Prospect, however given the importance of this service to members we thought it would be useful to explain a little more about what happens if you do.
Working in education, with children, public authorities, governors, councillors and other stakeholders gives its particular challenges, and Prospect has a wealth of experience advising members to navigate through sensitive situations.
The first stage in a personal case is to gather as much information about the situation as possible. This might mean corresponding by email, a telephone conversation or meeting in person. Full time officers will advise on possible options for resolving the matter but the member must maintain ownership of their own case. To assist the officer they might keep a diary of events (noting what happened, when, how it made the member feel and naming any possible witnesses), provide copies of the relevant procedures and other correspondence (including a draft of their grievance letter or their response to any allegation made against them) and provide a view on what they see as a satisfactory outcome.
Once all the information has been gathered a strategy will be agreed. Where possible this will in the first instance focus on finding informal resolutions to the problem but will also map out a plan to escalate the matter should this not yield the desired result.
We manage cases in confidence, and if there is an issue with a conflict of interests, such as two Prospect members we will ensure that there are ‘Chinese walls’ with different officers providing support from different offices.
If the case requires formal representation, such as at a disciplinary or grievance hearing, the officer will work with the member to achieve the best possible outcome. This may include:
■ meeting with the member before the formal hearing to decide strategies (defend or mitigate or identify factual issues) and discuss what constitutes a satisfactory outcome
■ going over all documents relevant to the case; formulating responses and arguments
■ agreeing who will speak about particular aspects of the case and reminding the member of the right to request adjournments
■ accompanying the member to the hearing/meeting
The Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied by a fellow worker or trade union representative at disciplinary and grievance hearings. The full time officer will help to present the case but cannot answer questions on the member’s behalf. Depending on the case it may be valuable for the member to present as much of the case in their own words as possible, however Prospect officers have a wealth of experience and can help to shape the outcome by advising on precedent, best practice and employment law. The officer will be looking to challenge if the hearing is not being held in a fair and reasonable way.
At the end of a formal procedure the full time officer will help to assess the outcome; advising on possible appeals and legal remedies if the hearing has not brought about the desired outcome, or working to build on the success with recruitment or new workplace practices if it has.
In addition to the full time officers, Prospect’s workplace reps are often involved in all stages of supporting members with personal cases. Please get in touch with your regional full time officer if assisting members is something that interests you. A full range of support from training courses to mentoring and guidance from your Prospect officer is available.