In non-unionised organisations employee representatives are often tasked with providing advocacy and mentoring support. This short article provides some useful hints and tips on process

This advocacy and mentoring can range from providing general help, support and guidance, sign posting resources to representing staff during grievance and disciplinary meetings.

It is often a duty that representatives receive little or no training in. We hope this guide will be of use.

1. Introduction
This note summarises best practice arrangements for convening, conducting, and closing a one-to one meeting with someone needing support in a disciplinary or grievance situation. There are points of some convergence with the protocols and processes used in the wider employee representative forum meetings. The note also sets out practical steps to follow in the event that you are accompanying the person to any disciplinary or grievance meeting and/or appeal.

2. Planning a support meeting

• Basic research
• Appropriate timings
• Think about your environment. Is it comfortable, non-threatening?
• Are you meeting in a private neutral setting?
• Appropriate seating
• Copies of key policies to hand
• Sundries

3. Opening the support meeting

• Your role – establishing that your remit and boundaries are clearly understood.
• You need to agree ground rules with emphasis upon confidentiality, discretion, and time available.
• That the person’s issues will be key – you want to help them achieve a workable and acceptable outcome

4. Some important ground rules for each support meeting

• Make sure you have key company policies on hand.
• Observe these protocols each time you meet:
  • Confidentiality – unless issue needs escalating.
  • Ensure this caveat on confidentiality is clear i.e., anything that will damage the reptation of the company and/or involving a detriment to a colleague will be escalated
  • Explain you cannot put words into their mouth or pursue independent investigations.
  • Timings- be clear on how much time for the meeting.
  • Discuss if informal rather than formal action might be appropriate for a grievance.
  • Explain company time frames for due process of issue.
  • Take notes- keep them secure.
  • Probe -use active listening and questioning techniques.
  • Summarise at closure – be clear on next steps.

5. Conducting the support meeting

• Let the person make their opening statement -your best response will often be to listen, clarify and summarise – think of reflective listening!
• Do not forget the value of silence. Do not accept “no” at face value – and remember to question the assumptions on which something is based.
• Listen more than you talk. The more you listen, the more you will find out about the other person’s position.
• Ask questions as much as possible and avoid making unnecessary statements.

6. Moving things along

• A progressive and positive summary highlighting areas for movement or action.
• Seizing any moment where the individual through talking to you has discovered the solution.

7. Closing the support meeting

• You will know if you are moving into this phase when:
• A repeated “no” is heard (you are pushing them further than they want to go)
• Their comments get progressively smaller.
• Non-verbal signals demonstrate it (e.g., shuffling, pen is put down/notebooks and files are closed, breathing/blinking gets faster, tone of voice changes, etc)

8. And before closure of the support meeting

• Make a clear and concise oral summary of what action has been agreed.
• Do you need to do anything further?
• What are they going to do?
• Is it going to involve them meeting others?
• Will you need another meeting with the person?
• Are you going to be required to represent or accompany the person to a formal disciplinary or grievance meeting? See 10 below

9. Records and note taking.

• Maintain appropriate records of support meetings to have a reliable record for future reference and keep these secure.

10. Accompanying a person to a disciplinary or grievance meeting

The person you are assisting is likely to feel apprehensive and under stress. The practical steps set out under are reminders to ensure that there is clear communication with him or her as well as total clarity about the processes being followed.

You will need of course to reassure the person about your intention to fully respect the confidential and sensitive nature of all matters up for discussion.

Ensure that the person knows that you cannot put words into their mouth and answer questions directed at them. You will be representing their case according to the information provided and assisting with points of clarification based upon what they have told you. You do not have an investigative or cross examination role.

Make sure: —

• You are familiar with the company policy being followed in terms of the venue, date & time, your role, time limits, format for the meeting, participants, possible outcomes, and appeals
• You have enough time set aside to spend with the person before and after all meetings and be ready to co-operate with adjournments
• That the person you are assisting is also fully aware of all these matters
• You have copies of the appropriate policies, precise details of the disciplinary or grievance issues and any supplementary papers
• You are equipped with enough stationery to make notes
• That all the foregoing matters are actioned in the event of any appeal
• Any appeal is anchored on the facts contained in the original disciplinary or grievance decisions made and communicated to the person. If fresh material emerges between the original decision outcome and the appeal take advice from HR on how these matters should be presented.

Ian Hirst
15 August 2023