What are the consequences for an employer who does not let an employee bring a companion to a disciplinary or grievance hearing?
Posted in : First Tuesday Q&A NI on 3 July 2018
Chris Fullerton
Arthur Cox
All individuals engaged under a contract of employment, agency workers and home workers have a statutory right under Article 12 of the Employment Relations (Northern Ireland) Order 1999, to be accompanied to a disciplinary or grievance meeting. The accompanying individual may be a colleague, trade union representative or an official employed by a trade union.
If the employee is deterred or prevented from doing so, they may bring a complaint to the Tribunal on the basis that their employer has failed or threatened to fail to comply with statutory procedure. A reluctance to re-schedule the hearing if the employee's companion is unavailable is an example of a threatened failure to comply with
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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