Advice to Members: Workplace Formal Processes Over Christmas & New Year Period

The Christmas and New Year period can be a challenging time if you become involved in a formal workplace process(for example: disciplinary, conduct, capability, sickness absence review, grievance, or investigation).

If you require GMB trade union representation and no representative is immediately available due to:

• Representatives working in their substantive professional roles

• Annual leave

• Sickness or other unavoidable absence

please follow the guidance below.

1. Notify Your Employer Immediately

As soon as you are informed of any formal meeting or process, notify your employer in writing that:

• You are a GMB member

• You wish to be accompanied by a GMB trade union representative

• A representative is not currently available due to the holiday period

• You are requesting reasonable postponement until representation is available

This is a statutory right under employment law and supported by the ACAS Code of Practice.

2. Request a Reasonable Postponement

You should ask your employer to:

• Pause or postpone any formal meeting or hearing

• Allow sufficient time for a GMB representative to be identified and available

• Avoid proceeding in your absence or without representation

A reasonable employer should accommodate this, particularly during a recognised holiday period.

3. Do Not Attend Formal Meetings Alone (Unless You Choose To)

You are not obliged to attend a formal meeting without representation.

If you feel pressured to proceed:

• Reiterate your request for representation

• State clearly that you do not waive your right to be accompanied

• Ask for confirmation in writing if the employer intends to proceed regardless

4. Ask for Everything in Writing

Request that:

• All allegations, concerns, or terms of reference are provided in writing

• All meetings, deadlines, and expectations are confirmed in writing

• Any decision to proceed without representation is documented

This protects you and allows the union to support you properly once available.

5. Use Written Submissions Where Necessary

If an employer insists on progressing aspects of a process:

• You may submit a written response stating that your full response will follow once representation is available

• Make clear that your submission is without prejudice and not a waiver of your rights

6. Welfare and Wellbeing Still Apply

Even if a process is paused:

• Employers remain responsible for your welfare and duty of care

• You can request Occupational Health, wellbeing support, or adjustments if the process is causing distress

• This is particularly important during the holiday period

7. Escalate to GMB as Soon as Possible

As soon as practicable:

• Contact your local GMB branch or regional office

• Provide copies of all correspondence

• Do not delay in seeking advice, even if the meeting is postponed

Important Reminder

No formal disciplinary or conduct process should be rushed, unsafe, or unfair because of holiday staffing pressures.

A refusal to allow reasonable time for trade union representation may render any outcome procedurally unfair.

If You Are Unsure – Pause and Ask

If you are uncertain at any stage:

• Do not attend alone

• Do not agree to deadlines you cannot meet

• Ask for time and union support

The GMB is here to support you.