disciplinary meeting

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  • SarEl
    SarEl Posts: 5,683 Forumite
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    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!

    You might expect it, but you would be incorrect in your expectation. An employee is entitled to be accompanied by a trades union representative or a work colleague - and by nobody else (except in some very unique circumstances esatablished by case law - and not applicable here). You do not even have the "right" to the union rep or work colleague of "your choice". The employer cannot refuse to accept the person accompanying you at your request - but a work colleague can refuse to accompany you, and a union rep must be "reasonably available" (there limited provisions only for rearranging a hearing based on unavailabaility of a union rep - if you "choice" isn't available the union must send someone else). So a tribunal would not, quite definitely, rule that this was an unfair hearing on the basis that the perosn was not allowed someone else to accompany them. Nor would it contribute in any way to a finding of unfairness.
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