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 NI
Issues covered:

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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Back to Q&A's This article is correct at 03/07/2018

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 Chris.Fullerton@arthurcox.com

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