GMB Union Advice to Members

What to Do When Your GMB Representative Is Temporarily Unavailable

Guidance for members involved in disciplinary, grievance, capability, sickness absence or other formal workplace procedures.

Being involved in a formal workplace process can be stressful and worrying, particularly if your usual GMB Union Representative is on annual leave, absent through sickness, carrying out their normal workplace duties or otherwise temporarily unavailable.

You do not have to navigate the situation alone.

GMB encourages members to seek advice and support as early as possible. If your usual representative is unavailable, there may be alternative arrangements that can be explored to help protect your interests and ensure you understand your rights.

This guidance explains the practical steps you can take, what your employer should consider and how to seek further assistance.

1. Tell Your Employer You Are Seeking Union Representation

If you receive an invitation to a formal workplace meeting or hearing, notify your employer as soon as possible that you are a GMB Union member and wish to obtain union advice or representation.

Where appropriate, explain that:

Your usual GMB Representative is temporarily unavailable.

Alternative workplace representatives may not be immediately available.

You are seeking advice or assistance from GMB.

You are requesting a reasonable postponement to allow appropriate arrangements to be explored.

Make your request in writing and ask your employer to confirm its response.

Early communication can help avoid misunderstandings and gives everyone an opportunity to consider reasonable arrangements.

2. Understand Your Right to Be Accompanied

Workers have a statutory right to be accompanied by an eligible trade union representative or workplace colleague at certain disciplinary and grievance hearings.

Where this right applies, an employer must allow an eligible companion following a reasonable request.

If your chosen eligible companion cannot attend at the proposed time, you may suggest an alternative time that is reasonable and falls within five working days after the original hearing date.

If these statutory conditions are met, your employer must postpone the hearing to the proposed alternative time.

If a longer postponement is needed, you can request one, although your employer will not automatically be legally required to agree.

For other formal workplace meetings, including investigations, sickness absence reviews and certain capability meetings, accompaniment rights may depend on the purpose of the meeting, workplace policies, collective agreements or other applicable legal obligations.

The statutory right to accompaniment is not necessarily the same as any wider right to trade union representation provided by workplace agreements.

Important: Not every formal workplace meeting carries an automatic statutory right to accompaniment. Seek GMB advice if you are unsure what applies to your circumstances.

3. Do Not Feel Pressured to Proceed Without Advice

If your usual GMB Representative is unavailable, explain to your employer that you are actively seeking appropriate support.

You should:

Confirm that you wish to exercise any applicable right to accompaniment.

Request a reasonable postponement where appropriate.

Explain why additional time is necessary.

Ask for any refusal to be confirmed in writing.

Contact your GMB branch or regional office for advice.

Where possible, make clear in writing that you have not voluntarily waived any applicable right to accompaniment.

However, do not simply refuse to attend a meeting without first seeking advice.

An employer may be entitled to continue a formal process in certain circumstances, particularly where reasonable opportunities or arrangements have already been provided.

If you are considering attending without your usual representative, ask GMB for advice and consider whether an eligible workplace colleague or alternative union representative may be available.

4. Ask for Information Before the Meeting

Understanding the allegations, concerns or issues being considered is an important part of preparing for a formal workplace process.

Depending on the type of procedure, you may wish to request:

Details of any allegations or concerns.

Relevant evidence and supporting documents.

Confirmation of the purpose of the meeting.

Details of the procedure being followed.

Investigation terms of reference, where applicable and available.

Relevant deadlines and possible outcomes.

Written confirmation of decisions about accompaniment or postponement.

The information you are entitled to receive, and when it must be provided, will depend on the procedure and applicable requirements.

Having appropriate information in advance helps you prepare, understand the issues and obtain meaningful advice.

5. Request More Time to Prepare a Written Response

Sometimes an employer may continue with administrative or preliminary stages while you are arranging union advice.

If you are asked to provide a written statement, explanation or response before obtaining support, consider requesting a reasonable extension.

Where possible:

Explain that you are seeking GMB advice.

Request additional time to prepare.

Avoid submitting a detailed response without advice where practicable.

Make clear if any initial comments are only an interim response.

Keep copies of your correspondence.

Suggested wording to your employer

I am a GMB Union member and am currently seeking advice and representation in connection with this matter.

My usual GMB Representative is temporarily unavailable, and I am exploring alternative arrangements.

I respectfully request a reasonable extension to the current deadline so that I can obtain appropriate advice and provide a full and informed response.

Any interim comments I provide should not be treated as my complete response, and I ask that I be given an appropriate opportunity to submit further information.

This wording can be adapted to suit your individual circumstances.

Remember: Requesting an extension does not automatically change an existing deadline. Seek advice promptly if your employer does not agree.

6. Your Health and Wellbeing Matter

Formal workplace procedures can affect your health, confidence and wellbeing.

Your employer should consider relevant health, safety and welfare obligations throughout the process.

Depending on your circumstances, appropriate support may include:

An Occupational Health referral.

Access to an Employee Assistance Programme (EAP) or workplace wellbeing services.

Adjustments to meeting arrangements or communication methods.

Additional breaks during meetings.

Consideration of health-related difficulties when setting timescales.

Reasonable adjustments where required under the Equality Act 2010.

If the process is affecting your health or wellbeing, raise your concerns with your employer and seek GMB advice as early as possible.

Where relevant, you may also wish to obtain advice from an appropriate healthcare professional.

7. Contact GMB if Your Usual Representative Is Unavailable

Do not wait for your usual representative to return before seeking assistance.

If your workplace GMB Representatives are temporarily unavailable, contact your local GMB branch or regional office as soon as practicable.

When contacting GMB, try to provide:

Your name, workplace and membership details.

A brief explanation of the formal workplace process.

Copies of meeting invitations and relevant correspondence.

Details of any scheduled meetings or deadlines.

An explanation of why your usual representative is unavailable.

Information about any requests for postponement already made.

Ask whether alternative advice, support or representation can be arranged.

The availability of a particular representative cannot always be guaranteed, but early contact gives GMB the best opportunity to consider what assistance may be available.

It is also helpful to keep a written record of important dates, conversations, correspondence and decisions.

Important Information About Postponements and Representation

The temporary unavailability of a GMB Representative does not automatically mean that you lose your statutory rights or the opportunity to seek appropriate advice.

Employers are expected to conduct formal workplace procedures fairly and in accordance with applicable legal requirements, relevant workplace policies and collective agreements.

Where applicable, employers and employees should also have regard to the Acas Code of Practice on disciplinary and grievance procedures.

Requests for accompaniment, representation and postponement should be considered in light of the circumstances and relevant obligations.

However, requesting GMB representation does not automatically prevent an employer from progressing every formal workplace process.

It is therefore important to communicate promptly, make reasonable requests and obtain advice before deciding how to proceed.

Need Help? Contact GMB

If you have been invited to a formal workplace meeting and your usual GMB Representative is unavailable, take action as early as possible.

Remember these five important steps:

Inform your employer that you are seeking union advice or representation.

Request a reasonable postponement where appropriate.

Keep important requests and responses in writing.

Do not ignore meeting invitations or deadlines.

Contact your GMB branch or regional office for further assistance.

You are not expected to understand every workplace procedure or legal requirement on your own. Seeking advice early can help you make informed decisions and protect your interests.

For further assistance, contact your local GMB branch, workplace representative or GMB regional office.

GMB UNION – STRONGER TOGETHER

About This Guidance

This information provides general guidance for GMB Union members in England, Scotland and Wales.

Individual circumstances, workplace policies, collective agreements and applicable legal requirements may affect your rights and the options available to you.

This guidance does not replace individual trade union or legal advice, and it does not guarantee the availability of a particular representative or a postponement in every case.

Members should seek advice from GMB about their specific circumstances before making decisions that could affect their employment.