RCN Head of Legal (Employment) Joanne Galbraith-Marten explains the key issues reps should consider when managing member cases involving discrimination
Use the protected characteristic questionnaire
Under the Equality Act 2010, it’s unlawful to discriminate against someone because of a protected characteristic. There are nine protected characteristics. They are age, disability, sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation.
The RCN’s protected characteristic questionnaire is a useful prompt for members to set out the issues as they see them in terms of discrimination. Members can fill in the questionnaire themselves and you get the information at the start of the process ensuring no points are missed when providing representation.
Your RCN supervisor will be able to provide you with a copy of the questionnaire if you don’t already have this.
Manage expectations from the outset
It’s important that you tell the member what is going to happen and who will be involved from the outset so there are no surprises. Explain all eventualities and make sure you clearly document every conversation you have with the member about the case.
Keep them updated as the case progresses and when the case concludes, you should agree with the member to close it before doing so to ensure they are fully aware you are taking that action.
Carefully case plan the member’s journey
It’s useful to have a clear outline of what will happen during the case and the member journey. Case plan for every possible outcome including for instances where things might not go as expected, for example, if new evidence comes to light.
Always seek supervision
You should never feel that you’re taking on a member case alone. Seek support from your supervisor and if you feel out of your depth, have any questions or there is a deadline looming that you’re struggling to meet, ask for help.
It’s good practice to have someone supervise your work to keep you on the right track.
You should never feel that you're taking on a member case alone
Be proactive
Be proactive and try to progress cases in a timely manner while keeping the member fully informed. Don’t sit on things or wait for them to happen. If your employer says they will do something, check that they have and if they haven’t, ask them why.
Document everything
Always document everything that happens so a clear record exists. This could be important if the case progresses to an employment tribunal claim. Aim to document things contemporaneously and use the case management system.
Escalate legal deadlines
Any legal deadlines must be escalated to your RCN office immediately. Cases that need legal input, particularly those that don’t have a reasonable prospect of success, should be escalated as soon as possible so that the member can find alternative representation if necessary. If you have any doubt regarding a deadline, please ask your supervisor.
Time limits must always be acted upon
For employment tribunal cases, time limits apply. We have three months less one day from the act of discrimination in question to pursue a claim.
Do not sit on deadlines as this could have implications for the RCN as members may pursue professional negligence claims if a deadline is missed.
If in doubt, ask
Discrimination claims can be difficult. Use all available resources and if you have any doubts or questions, please ask your supervisor for help. They are there to support you.
*Picture used is a stock image
Resources to support you
- Read our online advice guides on discrimination.
- Find further guidance on the RCN Reps Hub and in the RCN Stewards' Handbook. Visit the RCN Reps Hub.
- Look out for local RCN training events or ask your local RCN office about training opportunities.
