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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for general
information only, is based on |
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Question: |
What Can a Companion at
a Disciplinary or Grievance Hearing say or do? |
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Answer: |
Employees
have the statutory right to be accompanied at disciplinary and grievance
hearings by a colleague
or a trade union representative. The statutory right does not extend to legal
representatives or family members. If the employee makes a request to be
accompanied, s/he should do so reasonably. For example it may not be
reasonable to choose a companion who is in geographically remote location
when a suitable person is available at the place of work. It would also not
be reasonable to choose a companion whose presence would prejudice a hearing
or who has a conflict of interest. If the employee’s chosen companion cannot
attend on the date proposed, the employee may offer an alternative time and
date so long as it is reasonable and is no more than five working days later
than the date proposed by the employer. In October 2004 the Employment Relations Act 2004 extended the role of the companion so that the companion may now: · put forward the employee's case · sum up the case · respond on the employee's behalf to any view expressed at the hearing; and · confer with the employee during the hearing However
the companion still cannot answer questions on the employee's behalf. In G v
X School the Court of Appeal in 2010 has held that Article 6 ECHR
requires that a claimant should be afforded an opportunity to be legally
represented at a disciplinary/appeal hearing where it was determinative
of a right to practise a profession. G was a
teaching assistant at X school. An allegation was made that he had had sexual
contact with a 15 year-old boy. The school governors conducted a disciplinary
hearing and dismissed him, reporting his dismissal to the Independent
Safeguarding Authority so that it
could determine whether he should be placed on a 'barred' list of those
unsuitable to work with children. G brought judicial review proceedings,
challenging the governors' decisions not to allow him legal representation at
a disciplinary or appeal hearing. The Court
of Appeal found that: (1) the
right to practise a profession was a "civil right or obligation", (2) an
ISA listing would fundamentally limit G's ability to practise his profession
and (3) the
school's internal process would have a "substantial influence or
effect" on the decision-making of the ISA. G was
therefore entitled to legal representation at the disciplinary and appeal
hearings. Therefore
if you want to discipline and potentially dismiss for gross misconduct
doctors, teachers, social workers or pretty much anyone who works with
children or vulnerable people and whose job amounts to a ‘profession’ they
now have the right to be accompanied by a legal representative, See also
our page on grievance procedures Last reviewed: July 2010 |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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