Sandie Peggie: Employment Tribunal, associated legal claims, and related matters - thread #63

DH. A mix of legal advice with RNC and independent. What happens if first seeks independent advice and then comes to RCN?
NP I would decide and if they after came to us, if they weren’t aware of the rule I would agree. If they were already aware, the answer would be no.
DH how would someone be aware?
NP they’re told in the first call and informed in writing.

Hmm difference between a 'covid denier' and a 'sex denier'...

DH example?
NP. It’s uncommon. But we had a Covid denier and not willing to be compliant with infection control. I made the decision not to support that case.

Sounds like I haven't missed anything interesting.

DH threshold 50% prospects assessment. If not met, no legal advice provided? NP correct
DH any circumstances refused?
NP yes
DH types?
NP unreasonable behaviour or if the member dishonest or incompatible with policy position , or would risk reputation of RCN

[!!!]

DH does what extent does the member have a say?
NP the member doesn’t, it’s an exclusive contract.
DH to what extent any scope for some legal advice by RCN and the individual securing advice from another provider?
NP members can but not funded by RCN

DH who undertakes that?
NP independent legal advice. The officer will fill out a template which comes to me. I will decide, sometimes the information is incomplete, sent back then assesse.
DH Anderson Strathern how decided they would be legal advisors?
NP a tender process. They look after all, unless a conflict of interest

.

DH what about disputes about disciplinary?
NP often dealt with via employer but legal might be needed if disparity or if relationship with employer had broken down but this is less common.
DH as a member and I wished to obtain legal assistance in addition?
NP a discussion with advisor eg the officers are skilled and trained, might suggest themselves.
DH Can this be member led?
NP yes members do at times ask us for legal support. We have a threshold, the assessment has to sit above a factor of 50% success.

DH p 324. Screenshots of a dashboard.
NP this is the case management information
DH all contact noted here?
NP yes

I bet it's not.

NP on a long legal case it would be 3 months, process is slow.
DH at what points more slow than others?
NP. Depends on severity. A grievance the employer process of investigation might be slow, needing witnesses

DH please look at p 319 in bundle. what are we looking at?
NP initial log from RCN Direct.
DH p 320
NP note made by S Fraser about the case initially .
DH p 324. Screenshots of a dashboard.
NP this is the case management information
DH all contact noted here?
NP yes
DH Standard practice?
NP contact at least once a month. Depends on case, sometimes weekly. Sometimes less.

DH if I’m a RCN member, say I’m facing disciplinary, I speak to steward or rep, and after ‘RCN Direct’?
NP a call centre of advisors, triaged, then passed on to individual stewards.
DH RCN Direct triaged to regional area?
NP within 48 hours to discuss. Officer decides whether to open a case and who deals.
DH how is decision made local or officer?
NP depends of availability, complexity, more experienced or not.
DH records kept by RCN of that process?
NP yes. Call prompted, whether case opened or not, records all data.

Mind you, I joined at 9.50 yesterday, no issues. Who knows... I will keep trying! 😂

DH let’s look at a particular request re Peggie. Types of support RCN supplies. What sort of support in general?
NP workplace support, if disputes or allegations made, injuries, grievances, whole gamut

That answers my unasked question about whether it's worth joining at 9:30am, then.

Although, I wonder if the comments from journalists and Michael Foran about lack of public access meant they had to add an extra virtual room and a clerk to manage it, but now things are up and running then that bonus clerk has been redeployed so it's taking a bit longer for the remaining one(s) to allow people to enter.

We don't know how many checks they have to do on each person every day before admitting them one by one.

He probably gives no fucks on the matter so toes the party line.

DH your position?
NP Staffside lead (?)

NP they meet quarterly.
DH this overarching approach to development of policies, have you been aware of any health board going alone?
NP initially we sent out as guidelines and there was deviation. Nonetheless despite alignment there is sometimes deviation. This gets escalated if so.
J who decides?
NP escalated back to SWAG.

So will he be a true believer or just a clueless bloke who doesn’t understand this stuff but was told what to do/ say on a training course and so goes with the flow (like the Leonardo HR bloke)?

NP In Scotland polices are national.
DH. Collective level. What’s the vehicle?
NP Scottish partnership, SPF, Strategic. Stac is the bargaining group and Swag workforce and governance.
DH these joint committees, a number of participants, staff side and employers side.
NP unions, staff and employers. Unions on one side and government and boards on the other.

.

About 9.35... ooh I'm in!

Edit - spoke too soon... booted again...

Snort

DH your team - re RNC Scotland, 4 patches, each of which re employment relations, each has a senior officer, and you lien manage. Under each, a team of officers, under those local reps?
NP yes
DH Gillian Tait and Stuart Fraser in relevant patch?
NP yes and local representatives too.
DH the general activity , the shape of collective bargaining ..questions of development of policies within health boards. Are you involved?
NP yes