We often receive calls from clients who have been notified of a disciplinary hearing at work and, understandably, are feeling stressed and anxious. As such, they would like their mum, dad, sibling, wife, husband, partner, grandparent, auntie, uncle etc to attend with them. Please read on to find out more.
Here at Lincs Law Employment Solicitors, we always recommend our clients take someone with them to their disciplinary hearing. We understand that employees worried about the possible consequences of their disciplinary hearing, understandably, find the whole process very difficult. With this in mind, our clients often find having someone at their disciplinary hearing to offer support relieves some of this stress and anxiety.
Disciplinary Hearing – Right to Be Accompanied
When dealing with disciplinary proceedings, your employer should follow their own disciplinary procedure (if they have one) and, in any event, the ACAS Code of Practice on Disciplinary and Grievance Procedures. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/employee-five-questions-to-ask-your-employer-before-attending-a-disciplinary-hearing/
If your disciplinary hearing could lead to some sort of disciplinary action being taken against you (for example, a written warning or dismissal), you have a legal right to be accompanied by one of the following people: –
- A Trade Union Representative; or
- An official employed by a Trade Union; or
- A work colleague.
Importantly, this means your legal right to be accompanied does not extend to family members or friends. However, it may still be possible to take your family member (or friend, neighbour etc) with you to your disciplinary hearing. Please see below.
I Want A Family Member to Attend My Disciplinary Hearing – What Should I Do?
If you would like a family member (or a friend, neighbour etc) to attend your disciplinary hearing, you should:
- Firstly, check your employer’s own disciplinary procedure. This may allow a wider range of people to accompany you in the disciplinary hearing. If so, make sure your employer follows their own procedure! If your employer says “no” in these circumstances, you should refer them (in writing) to the specific clause in their disciplinary procedure and note that declining your request would be in breach of their own policy.
- Even if your employer’s disciplinary procedure is silent on the matter, you can still ask your employer if a family member (or friend, neighbour etc) can accompany you. Whilst you do not have any legal right in this regard, your employer may nevertheless agree to your request. Particularly, if you explain the impact the disciplinary proceedings are having on you and the benefit of allowing your family member (or friend, neighbour etc) to accompany you.
Furthermore, if you have a disability (for example, a mental health condition), being accompanied in your disciplinary hearing by a family member or friend may be considered a reasonable adjustment. For more information about reasonable adjustments, please see our blog here – https://lincslaw.co.uk/blog/disability-discrimination-what-are-reasonable-adjustments/.
Should I Tell My Employer About My Companion Before My Disciplinary Hearing?
Yes, your employer will likely want to know if you are being accompanied and, if so, the identity of your companion. You may also need to seek your employer’s permission to bring a family member (or friend, neighbour etc), as above.
If your employer’s disciplinary procedure details how to request a companion, you should follow their procedure. In any event, you should give your employer sufficient time to make the necessary practical arrangements. Ideally, you should make your request to your employer in writing, and you should provide your employer (if possible) with the name of your chosen companion.
For more information about being accompanied at a disciplinary hearing, please see our blog here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/
Lincs Law Employment Solicitors Can Help You
If you are subject to disciplinary action, we advise you to seek legal advice as soon as possible. If you would like a free consultation with one of our other specialist employment solicitors at Lincs Law Employment Solicitors, we would be delighted to help. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code acas code on disciplinaries and grievance 209 defeating a disciplinary defending a disciplinary disability discrimination reasonable adjustments Disciplinary Action disciplinary hearing How to prepare for a disciplinary hearing Kate Key Lincs Law Employment Solcitors right to be accompanied specialist employment solicitor