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 Issues covered: Sickness and Absence; Occupational Health Reports; Right to be accompaniedAn 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.
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