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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
Can we still dismiss an employee for an act of gross misconduct which took place several months ago?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
What factors should we be considering when determining whether an employee’s behaviour amounts to gross misconduct?
Posted in: First Tuesday Q&A NI on 04 May 2021
-
An employee has recently resigned in advance of a disciplinary hearing - can we continue with disciplinary proceedings?
Posted in: First Tuesday Q&A NI on 13 April 2021
Disclaimer:
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
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton