I beg to move,
That leave be given to bring in a Bill to provide that teachers and other education staff may choose to be accompanied to disciplinary or grievance hearings by a person other than a trade union representative or colleague; and for connected purposes.
For anyone in any profession, a disciplinary or grievance hearing is daunting, but for teachers these hearings can be acutely so. False allegations of misconduct are all too common within the teaching profession, but their ramifications can be uniquely damaging, often shattering careers and tarnishing respectable reputations.
As a Member of Parliament, I have spoken to many teachers who have found themselves subject to false allegations. One teacher, who must remain anonymous, was suspended from teaching for 12 months when their school, under pressure from some parents, was deemed to have inadequately followed safeguarding procedures. That teacher was not just suspended for more than 12 months, unable to teach, but dismissed from their role at the school and referred to the Teaching Regulation Agency for serious misconduct. However, with significant support—accompaniment at hearings and representation at tribunals—the teacher was found not to have committed any such misconduct and their dismissal was, thankfully, successfully challenged. Without such support, this excellent teacher may never have taught again.
I regret to say that such cases are not uncommon. For teachers, third party accompaniment at a disciplinary or grievance hearing is crucial. Third parties can help to codify situations, provide objective guidance and offer reassurance in what can often be fractious, distressing and highly charged situations. To that extent, all employees and workers should have equal employment status under the law, regardless of their trade union membership status, but as it stands, section 10 of the Employment Relations Act 1999 does not offer fair accompaniment to the 77% of workers who are not members of a trade union.
At present, section 10 dictates that workers are legally entitled to accompaniment to disciplinary or grievance hearings only by a trade union representative or colleague. That means that a trade union member can be accompanied by almost anyone, from a local union rep to a QC, as long as they are employed by a school or the trade union. But what about those teachers who are not members of a trade union either by choice or by accident? It seems unlikely that a colleague would be trained and experienced to the same extent as a union representative, but that is the only option for the 77% of workers who are not members of a trade union. Although employers can agree to alternative accompaniment, it is at their exclusive discretion, so, right out of the blocks, many workers are left to their own devices, with the chances of a positive outcome stacked against them. Put simply, they are legally disadvantaged by the constraints of the Employment Relations Act, which deprives them of a right to fair accompaniment by a reasonably qualified companion.