If you’ve been invited to attend a disciplinary hearing or meeting you, you have the right to be accompanied. Read on for more information about who can accompany you and their role as your companion.
Who Can I Take With Me To My Disciplinary Hearing/Meeting?
You have the right to be accompanied by a trade union representative or work colleague. If you have received a letter from your employer inviting you to a disciplinary hearing, the letter should say that you have the right to be accompanied.
There is no general right for you to have a legal representative at your disciplinary hearing, although there are exceptions. Some employees, such as NHS hospital doctors, may have the right under their employment contracts.
There may be other situations where it is reasonable to be accompanied by someone other than a colleague or trade union representative, for example if you are disabled.
If you have no trade union representative or there is no suitable or available work colleague, but you have a friend or family member you want to support you, you should ask your employer’s permission for them to accompany you. Although there is no right to have a friend or family member present, many employers will allow it if it is reasonable in the circumstances.
Therefore, if you would like someone other than a trade union representative or work colleague to accompany you should seek permission from your employer, explaining why this person is suitable and why it is reasonable for them to accompany you.
What Is The Role Of My Companion?
The role of your companion is limited. They are allowed to address the hearing which includes putting your case and they can confer with you, but they do not have the right to answer questions on your behalf or act in a way that prevents your employer explaining its case.
What If My Employer Prevents Me From Being Accompanied?
If your employer doesn’t allow you to be accompanied by a trade union representative or work colleague, you are entitled to complain to an Employment Tribunal.
You also have the right not to suffer any detriment or be dismissed if you exercise, or attempt to exercise your right to be accompanied. If that happens then you may be able to bring a claim in the Employment Tribunal.
Lincs Law Employment Solicitors Can Help You
If you would like assistance with your disciplinary matter or you have any other employment issue, please contact us for a free initial consultation on 01522 440512. Alternatively, for more information about disciplinary hearings/meetings and how to defend yourself against disciplinary allegations, please visit our website at https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
Kathryn Bolton
Specialist Employment Law Solicitor
LincsLaw Employment Solicitors
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