What can the Trade Union Representative say/not say during an investigation/hearing and can the chair say "no" to them?

Posted in : First Tuesday Q&A NI on 2 April 2013
Emma-Jane Flannery
Arthur Cox
Issues covered:

The role of the companion (which includes a TU Representative) is limited. The companion is permitted to address the disciplinary hearing (including putting the employee's case, summing up, and responding on the employee's behalf to any view expressed at the hearing) and to confer with the employee during the hearing.

The Chair should be aware that there is no right for the companion to answer questions on behalf of the employee, address the hearing contrary to the employee's express wishes, or act in a way that prevents the employer explaining its case or prevents any other person making a contribution to it.

If the companion is interfering in this respect the Chair should set out clearly

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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