An employee has asked for their spouse to be their companion at a disciplinary hearing. Do I have to allow the spouse to attend?

Posted in : First Tuesday Q&A NI on 2 May 2017
Chris Fullerton
Arthur Cox NI
Issues covered:

You should first check your disciplinary policy to see what it says about who may accompany an employee to a disciplinary hearing.

If an employee is required or invited to attend a disciplinary (or grievance hearing), and makes a reasonable request to be accompanied, that employee has the right to be accompanied. The right to be accompanied applies to hearings which could result in:

  • the employee receiving a formal warning. (Disciplinary hearings at which the worst possible outcome for the worker is an informal warning are not covered, although a warning will not be considered 'informal' for these purposes simply because you give it that label, e.g. any warning which is confirmed in writing

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Back to Q&A's This article is correct at 02/05/2017

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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