The BASW/SWU Advice and Representation team are a team of officers qualified in social work who provide advice and representation for employment and regulatory issues.
The A&R service provides advice and representation to more than a 1,000 social workers a year.
The Advice and Representation ServiceWe are a team of officers qualified in social work which uniquely delivers services from a position of understanding the social work profession. We understand casework demands, complex decision-making processes and the pressures on social workers that can sometimes lead to mistakes. We understand the importance of reflection, supervision and the support that needs to be in place from employers for you to do a good job.
The Advice and Representation team, working in partnership with Social Workers Union, provide the following advice and representation to eligible members:
- Workplace employment law matters - such as disciplinary, grievance, capability, and sickness absence procedures.
- Fitness to practice processes with each of the 4 UK social work regulators (NISSC, SCW, SSSC, and SWE).
We undertake work with members who have experienced discrimination because of a protected characteristic, a problem that should not be encountered in the social work profession but is sadly all too common.
We encourage you to seek advice from the team at an early stage as we may help you to prevent a difficult situation from escalating.
If an employment process becomes formal, or when the fitness to practise process moves to the hearing stage, the team may provide representation and support for eligible members in what can be a complex or challenging situation.
Please note: To access the services of the team, you must be an eligible member. You are entitled to telephone advice and telephone support after the first month of your membership. You will also be entitled to representation after a one-month qualifying period. To qualify for representation, the issue cannot have been a known pre-existing issue or active during this one month qualifying period. It is important to note that any known pre-existing issues or issues that arise in the first month of membership do not ever become eligible for either advice or representation.
BASW and SWU memberVery helpful and knowledgeable. Colleagues who had a different union switched to BASW/SWU after seeing the advice I received.
Guidance sheets for BASW/SWU members
From the day you join you will have access to 50+ guidance sheets created by the team which may assist you in resolving a current issue or managing the immediate problem and by providing an overview of what to expect from the process. The sheets cover a wide range of employment and regulatory processes as well as tips on how to approach certain situations or to prepare for meetings.
Download the guidance sheets
- Agency Social Workers Guidance
- Allocation Criteria for the BASW/SWU Advice and Representation service
- Appealing the Outcome of a Hearing Guidance
- Bullying and Harassment Guidance
- Capability Process Guidance
- Completing a Fitness To Practise (FTP) Statement
- Disability Discrimination in the Workplace Guidance
- Disciplinary & Suspension Guidance
- Disclosure and Barring Service Information
- Discrimination in the Workplace Guidance
- Eligibility for Advice and Representation Guidance
- Employment Contracts Guidance
- Employment Tribunal FAQs
- Flexible Working Requests Guidance
- Fitness to Practise (FTP) Proceedings Guidance
- Grievance Guidance
- Ill Health Retirement Guidance
- Insight and Remediation Guidance
- Muckamore Abbey Inquiry Guidance
- Maternity & Paternity Guidance
- Meetings with Your Employer and right to be accompanied
- Member form - Discrimination
- Member form - Whistleblowing
- Menopause Guidance
- Methods of Representation Criteria for BASW/SWU
- Overpayments & Repayments Guidance
- Pensions Guidance
- Preparation for attendance at meetings guidance
- Preparation for Hearings
- Probation Process Guidance
- Protest Participation and Consequences
- Racism in the Workplace Guidance
- Reasonable Adjustment Passport Template
- Recognised Trade Unions Guidance
- Redundancy and Restructuring Guidance
- Reference Guidance and how to challenge a reference
- Reflective Statement Guidance
- Regulatory Body Guidance
- Settlement Agreement Guidance
- Settlement Agreements – Compensation Guidance
- Sickness Absence Process Guidance
- Social Work England (SWE) Registration Guidance
- Student Guidance
- Subject Access Request (SAR) Guidance
- The Advice & Representation Service (A&R) - How we work with you
- TUPE (Transfer of Undertakings) Guidance
- Whistleblowing Guidance
- Work Related Stress Guidance
- Working Time Regulations Guidance
If you are an eligible member and require further information or guidance, please contact us via the contact form for the Advice and Representation team and a member of our team will be in touch (log-in required).
Not a member?
Student FAQs
What do I do if I'm having problems on placement?
The law concerning employment status for students on placement is complex. In most circumstances, students on a work placement are not regarded has having employment status. This means that students have limited employment rights and no statutory right to representation. This, in turn, means that the Advice & Representation team cannot provide you with representation.
When we are unable to provide representation, we may still be able to provide you with advice.
Please note that the only exception to this is if you have full or part time gainful employment in social care, whilst you study. For example:
- If you have a contract of employment as, for example, a support worker, a care worker, or a residential worker.
- If you are employed as an apprentice whilst undertaking a social work degree at a university and a matter arises in relation to your employment.
Please note that if an employment issue does arise and you are both eligible, and entitled, to representation, we would only be able to represent you in your job role and not for any issues that you may have with the university or your placement. If it is the case that you have a contract of employment, please contact us via our referral form and include details of your employment contract.
A suite of guidance and information sheets is available to all members above, covering a range of employment and Fitness to Practise issues. Please bear in mind that the information is framed to support employed members, and therefore cannot directly be applied to a placement situation. However, you may find that some of the documents contain useful tips and pointers that could be applied to you as a student.
What do I do if I'm having problems on my course/with my university?
If you have any issues arising relating to your university course, or if you receive any untoward treatment at the university, you may need to follow the university complaints procedure. We advise you to contact your Student Union, who will be in the best position to support and represent you through that process.
If you are experiencing discrimination on your placement, please contact us for advice on the steps you can take to address the problem.
Social Workers Union
SWU is a trade union with approximately 15,000 members dedicated to social work professionals and run by social workers.
Whilst BASW members may be represented by their professional body, the employer has the right to refuse accompaniment. In law, the only legal right to accompaniment is by a workplace colleague or a Trade Union Official.
If you are not already a member we encourage you to join the Social Workers Union (SWU); this will provide you with the reassurance of a statutory right to be accompanied to a grievance or disciplinary hearing by a Trade Union Official.
Opting in to SWU means you get all the benefits of the trade union alongside BASW, your professional association – all under one roof. To make it easy, you pay one monthly or annual fee and you are signposted to where you need to go across a network working to support you.
Opt into SWU for a discounted membership.
BASW/SWU Member supported by a Trade Union OfficialI found her to be very knowledgeable, efficient, and professional, as well as compassionate, committed and caring. It is an absolute privilege to be supported with respect, sensitivity and intelligence through one of the most difficult periods of my life.
SWU Trade Union Officials in the Advice & Representation service work throughout the UK and provide representation at internal hearings for disciplinary and grievance procedures, and employer investigations into practice and misconduct allegations. The team provide professional, swift, practical representation.
If you are going through a formal employment process, a SWU member has the right to be represented by an Official of a Trade Union of their choice.
MemberVery helpful and knowledgeable. Colleagues who had a different union switched to BASW/SWU after seeing the advice I received.
