Does the right to be accompanied apply at a meeting to discuss an occupational health report?

Posted in : First Tuesday Q&A NI on 13 April 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Sickness and Absence; Occupational Health Reports; Right to be accompanied

An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker by the employer; or the confirmation of a warning or some other action.

Meetings merely to discuss a medical report would not usually call for accompaniment but if it is likely (or becomes clear during the course of a meeting) that a formal warning or dismissal could result, the meeting should be ended and a formal hearing arranged at which the worker will have the right to be accompanied.

In any

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Back to Q&A's This article is correct at 13/04/2021

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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