How to Claim Under this Scheme
(a). Who Can Make an Employment Tribunal Claim under the
The Scheme is open to Members only.
(b). Procedure for Recording a Member's Complaint
Where a Member makes a request for assistance you should:
1. Enter brief details on the Branch Consultation Record
2. Make a note of the date by which the ET1 must be entered
3. Obtain the Member's signature to confirm that he or she has been advised.
4. Issue the Member with the standard letter, keeping a dated copy of the letter on file.
The time limits for bringing employment tribunal claims are normally very strict (usually less than three months) so it is important that the Member is advised of his/her rights and the letter issued as soon as possible. Do not wait for internal procedures to be completed before advising the Member of his or her rights and issuing the standard letter as the Employment Tribunal time limit will continue to run regardless of any internal procedures.
(c). Grievances, Disciplinaries and Dismissals
The statutory grievance procedure and disciplinary and dismissal procedure were repealed on 6 April 2009 and replaced with the ACAS Code of Practice: Disciplinary and grievances at work. This means that the three month extension to the time limit for submitting a claim where an internal procedure is ongoing has also been repealed and will only apply to cases still governed by the old scheme. Under the Code of Practice employees must raise their grievance in writing, make reasonable effort to attend any meetings and appeal otherwise any award the Member receives may be subjected to a 25% decrease. The ET1 can now also be submitted immediately rather than waiting 28 days after the grievance was submitted.
(d). Procedure for Requesting Assistance
Branches should not agree to take responsibility for submitting Employment Tribunal claims as it can put the Union at risk of a negligence claim if lodged out of time.
Responsibility for the lodging of an Employment Tribunal application rests firmly with the individual member concerned. Every advice and assistance will be available from the branch and headquarters' departments, but it is the member who is responsible for their case. Forms and an explanatory booklet are available from local Job Centres and other Government agencies, as contained in the standard letters and notes in the LTB 447/2009.
The following forms of words can be inserted in the appropriate box 8 of the form: "I have requested representation from my Trade Union and my request is being given consideration. Until a decision is made, all correspondence should be addressed to me at my home address." Under no circumstances should a branch officer or representative put, or allow their name to be entered in box 8 as a CWU representative.
All requests for assistance must be routed through a Member's branch and made to the Legal Services Department at CWU Headquarters.
The request will then be assessed. To allow the request to be assessed adequately, the following documentation will need to be provided:
1. Dismissal letter or response by manager to grievance/harassment claim
2. Initial dismissal/grievance or harassment hearing notes and appeal decisions
3. All relevant correspondence
4. ET1 application form
5. ET3 employer's response
6. Discrimination questionnaire and response (if applicable).
7. Other Tribunal/legal correspondence in the member's possession
8. Equal Opportunities Department correspondence or reports.