disciplinary meeting

SarEl

Uncertain wrote: »

If your husband is an accredited union rep he could go with her. It is not widely known that you do not have to be a member of the union, nor does the rep have to be attending on behalf of a particular union. He simply has to be trained / qualified. The firm cannot legally refuse.

There was a thread on here recently where I pointed this out. The lady was then able to take her father who just happened to hold the necessary qualification.

Some of the larger specialist employment solicitors can provide such a "union rep" for a substantial fee.

This is absolutely correct, but it is worth pointing out that the accreditation must be for this purpose and they must have evidence of this - any old union rep will not do. They must have formal accreditation from their union to represent members in disciplinary and grievance matters, and the employer can ask to see their accreditation before allowing them to participate.

DVardysShadow

Googlewhacker wrote: »

Sorry you have lost me? What would that benefit the employee?

Never mind, you'll have to make do with being lost.

Googlewhacker

DVardysShadow wrote: »

Never mind, you'll have to make do with being lost.

Fine, It doesn't benefit the employee as I can see it.

teabelly

If she is unable to take someone with her would she be able to record the meeting as audio or video so that there was a completely independent record of it??

DVardysShadow

Googlewhacker wrote: »

Fine, It doesn't benefit the employee as I can see it.

That is because you are lost.

ZootHornRollo

i would expect that in the OP's situation, if they request that the friend attend as her witness (given the situation with the other empleyees, lack of union etc) and the employer were to refuse and the disciplinary went against the employee, a tribunal would rule in favour of an unfair hearing.

As mentioned before, ACAS is your friend!

Googlewhacker

ZootHornRollo wrote: »

i would expect that in the OP's situation, if they request that the friend attend as her witness (given the situation with the other empleyees, lack of union etc) and the employer were to refuse and the disciplinary went against the employee, a tribunal would rule in favour of an unfair hearing.

As mentioned before, ACAS is your friend!

I kinda thought this was where he was going with it, either way as long as they follow the rules the tribunal *could* rule in favour, not guaranteed.

DVardysShadow

ZootHornRollo wrote: »

i would expect that in the OP's situation, if they request that the friend attend as her witness (given the situation with the other empleyees, lack of union etc) and the employer were to refuse and the disciplinary went against the employee, a tribunal would rule in favour of an unfair hearing.

As mentioned before, ACAS is your friend!

It might not be sufficient to show an unfair process, but it does put the employer on notice that a fair process is expected and could, in conjunction with other issues paint an unfavourable picture of the process. I reckon it is better to get the request in than to just let the process go ahead without making it clear that you want your right to an independent witness in a meaningful way

Googlewhacker

DVardysShadow wrote: »

It might not be sufficient to show an unfair process, but it does put the employer on notice that a fair process is expected and could, in conjunction with other issues paint an unfavourable picture of the process. I reckon it is better to get the request in than to just let the process go ahead without making it clear that you want your right to an independent witness in a meaningful way

Do you have a right though to an independant witness or just the right to a union rep or an employee of your choice?

saltypopcorn

thanks for all the comments,
she has already objected to the main chap sitting on the 3 person panel as he is closely related to both a colleague and the complainant; apparently he is totally unbiased, can't see why she is making a fuss and should act in a proffessional manner. My friend is not at all worried re. the allegations against her and can easily refute them but really doesn't feel able to confront him without support.
I'm hoping Acas will be able to provide some support and guidance. I will let you know how she gets on.

thankyou all
saltypopcorn