LTB 548/16 – CWU Conference Motion 18 (Disciplinary Fact Finding)
No. 548/2016 Ref: DJ/DGN 16thSeptember 2016
TO ALL BRANCHES WITH MEMBERS EMPLOYED BY BT PLC
Dear Colleague,
CWU Conference Motion 18 (Disciplinary Fact Finding)
The Personnel team has been in correspondence regarding this year’s Conference Motion 18 which is reproduced below:
Conference is concerned by the way that some of our members are treated at the beginning of any potential disciplinary process. It is becoming apparent that many managers are failing to follow the ACAS guide lines regarding disciplines, particularly during the fact finding stages. It is far too common for a manager to invite a member into a one to one under the pretence that a discussion is going to take place about a performance related issue or other innocuous subject and then spring an interrogatory fact find interview on that individual. This is both unfair and contrary to ACAS guidelines.
Many fact finding investigations appear to have a vexatious element and fail to deal with our members in a fair and reasonable manner. The investigator often fails to keep an open mind and appears to concentrate on evidence that will point to an alleged wrong doing rather than taking a balanced approach so as to also look for evidence which would support the member’s innocence or uncover mitigation.
This conference therefore instructs the Telecoms & Financial services Executive to enter into discussions with BT to ensure that as an absolute minimum the ACAS guidelines are followed. These discussions should also result in an agreement that ensures that no member is called into a fact finding meeting on a false pretence and that they are given sufficient notice to take advice and give careful consideration to answers to any accusations. Further safeguards should be established in this agreement to insure that this initial process is carried out in a fair and just manner and is not abused by managers as a vehicle for their own self-empowerment.
South London, Surrey and North Hampshire
Attached to this letter is the response from the company. This Letter to Branches is intended as an update. Hopefully Branches will find the content useful. If Branches have any recent examples of members being called to fact finding interviews under false pretences that would assist in achieving the safeguards the motion calls for, please let me know.
Any enquires regarding this LTB should be referred to my office in the first instance.
Yours sincerely,
DAVE JUKES
Assistant Secretary