This blog sets out an employee’s right to be accompanied to three of the most common types of workplace meeting; a Disciplinary Hearing; a Grievance Meeting; and a Redundancy Consultation Meeting.
An employee can be requested to attend different types of workplace meeting. It can be confusing knowing whether you are allowed to bring anyone to those meetings. Below is an overview of an employee’s right to be accompanied to a Disciplinary Hearing; a Grievance meeting, and a Redundancy Consultation Meeting.
An employee has a statutory right to be accompanied by either, a colleague or a trade union representative, to a Disciplinary Hearing.
This right does not automatically extend to any investigation meeting. Often, in a disciplinary process, the employer will have an investigation meeting first, and then proceed to the Disciplinary Hearing. Whilst there is no statutory right to be accompanied to an investigation meeting, it is considered good practice that an employer allows their employee to be accompanied to that meeting.
For more information on disciplinary processes, please see our website: https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
An employee has a statutory right to be accompanied by either, a colleague or a trade union representative, to a Grievance Hearing.
For more information on grievances, please see our blog: https://lincslaw.co.uk/blog/how-do-i-raise-a-grievance-about-work/
Redundancy Consultation Meeting
The statutory right to be accompanied does not extend to any redundancy consultation meetings. There is no obligation for an employer to allow an employee at-risk of redundancy to bring a companion to the consultation meetings.
However, it may be considered good practice to allow an employee going through a redundancy process to bring a companion in certain circumstances, such as if they are disabled (discussed below.)
For more information on redundancies, please see our website: https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
Can I Bring Someone Else As My Companion?
The right to be accompanied is limited to a colleague or trade union representative. You are not entitled to bring a friend or family member as your companion. Likewise, you are not allowed to bring a solicitor or legal representative to a Disciplinary, Grievance or Redundancy Meeting (except in very limited circumstances).
However, if you have a disability, it may be a reasonable adjustment to allow someone other than a colleague or a trade union representative to attend as your companion. If an employer refused a reasonable adjustment for a disabled employee, this may entitle the employee to bring a discrimination claim under the Equality Act 2010.
How Can Lincs Law Help You.
If you would like further help and advice, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information, please visit our website: https://lincslaw.co.uk/services/employees/
Specialist Employment Solicitor
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