Workers are entitled to be accompanied to formal grievance and disciplinary hearings. For example, if a member is faced with a disciplinary meeting which could lead to disciplinary action, they have the right to be accompanied. Disciplinary action could be:
- a first or final warning
- suspension without pay
- demotion
- dismissal.
Who can accompany the worker?
If a worker or employee is asked to go to a disciplinary meeting they have the right to be accompanied by:
- a colleague
- a trade union representative
- an official employed by a trade union.
Where Prospect is recognised, the employer should provide facilities for a union representative to attend an investigation meeting, even if this is not strictly covered under the Employment Relations Act 1999, and this is frequently what happens in the workplace, because employers recognise the value of union involvement in the process.
In every situation involving discipline or grievance we would expect the member to be accompanied by a Prospect representative.
Even at unrecognised sites, a union representative should be made available where possible to assist the member in question. If you’re unsure who your local representative is or need assistance, contact Prospect‘s member contact centre.
Get help
If you have further questions about this contact us for more help.