my rep doesnt seem to know basic employment law

[goldy]

i am afraid my rep doesnt seem to be up on basic employment law i have a case probably about to kick off and when i approached him his answer was completely at odds with the latest law i have since found out how can i bypass him? If this keeps happening , this is worrying , i will seem to be advising him at the moment..any help

[Martin Walsh]

A lot of Local reps will not know employment law as it is very complex.

The worse advice anyone can recieve is from someone who has read a bit on employment law and now thinks he is a barrister. I have known people do employment law degrees and still get things wrong.

Remember a lot of the law is based on case law ie unfair dismissal often British Home stores verus Birchell is quoted. The case refers to an indivdual birchell who worked at British home stores on nights and when ever he was in attendance at work items went missing. British Home stores could not prove he had definately stolen the items however they did a reasonable investigation in the eyes of the tribunal and therefore it was within the bounds of reasonbleness for them to dismiss.

You see in a tribunal you do not have to be found guilty only that it was a reasonable and fair investgation and within a test of reasonableness that it was possible that a manager could have decided to dismiss.

If you want certain advice ever ask a brief or a senior rep.

[andy2007]

Get your Area Rep involved. He/she will know a lot more about it than a Local Rep.

[TrueBlueTerrier]

i am afraid my rep doesnt seem to be up on basic employment law i have a case probably about to kick off and when i approached him his answer was completely at odds with the latest law i have since found out how can i bypass him? If this keeps happening , this is worrying , i will seem to be advising him at the moment..any help

AFAIK IR Reps are not trained in Employment law, and if they are its very cursory in that its probably only a few hours. As Dingo says go to more senior reps - Division would be my advice.

There is also Simpson and Milllar - They are the CWU lawyers and I am sure you can get advice from them.

http://www.cwu.org/49959/legal-services.html" onclick="window.open(this.href);return false;

Legal Services

CWU Legal Services working to protect you and your family.

0Introduction to the department and services
CWU provides a range of legal services and benefits that are available to all members via the Legal Services Department in partnership with our Approved Panel Solicitors.

We specialise in providing advice and representation in personal injury compensation claims and employment tribunal applications. Members can use the services confident in the knowledge that we have the necessary expertise to ensure the best possible result when processing such claims. This is a totally free service.

Members who require any of our services should contact their local branch representative in the first instance who will be able to assist them with their initial enquiry.

We are continually looking at ways to improve and expand the range of services we provide which makes being a member of the CWU so beneficial and worthwhile.

Tony Rupa
Head of Legal Services
trupa@cwu.org

You can download this booklet for ease of viewing, or scroll through the page below and the pages to the left.
The following should be borne in mind when making enquiries concerning employment law:

a) Only members can apply for assistance
b) All enquiries should be routed through the member's Branch
c) Any member who does not wish to contact their Branch must put their enquiry in writing by post, not e-mail.

[brothermagrew]

A lot of Local reps will not know employment law as it is very complex.

The worse advice anyone can recieve is from someone who has read a bit on employment law and now thinks he is a barrister. I have known people do employment law degrees and still get things wrong.

Remember a lot of the law is based on case law ie unfair dismissal often British Home stores verus Birchell is quoted. The case refers to an indivdual birchell who worked at British home stores on nights and when ever he was in attendance at work items went missing. British Home stores could not prove he had definately stolen the items however they did a reasonable investigation in the eyes of the tribunal and therefore it was within the bounds of reasonbleness for them to dismiss.

You see in a tribunal you do not have to be found guilty only that it was a reasonable and fair investgation and within a test of reasonableness that it was possible that a manager could have decided to dismiss.

If you want certain advice ever ask a brief or a senior rep.

Think dingo you have got your sexes wrong as the case law to which you refer was British Home Stores Ltd v Burchell (that is Miss Burchell) and for the record in the words of the Employment Appeal Tribunal what has happened in fact is that Miss Burchell is back working for the appellants and everything so far as we know is perfectly happy in that quarter.

British Home Stores Ltd v Burchell - http://www.bailii.org/uk/cases/UKEAT/19 ... _2007.html" onclick="window.open(this.href);return false;

Online Learning With TUC Education A Guide to Courses.pdf

TUC Diploma in Employment Law.pdf