Right to be Accompanied Employer Guide Anne Morris Employees who have been asked to attend a disciplinary or grievance hearing that may result in disciplinary against them will have the right to be accompanied. Employers are under a legal duty to follow a fair and lawful process when conducting disciplinary proceedings. The following guide looks at the rules governing the statutory right to be accompanied, from when this right arises and who the employee is permitted to bring, and whether it is possible or advisable to refuse a request to be accompanied. Who has the right to be accompanied? Under section 10 of the Employment Relations Actthe employee has the legal right to be accompanied to any meeting or hearing that can result in disciplinary action against them. This action could include a formal warning, suspension without pay, demotion or dismissal.
How to conduct an investigation meeting How to conduct an investigation meeting Investigations are fact-finding exercises that collect applicable information on a matter. If you make a decision on a argument without completing a reasonable investigation, this can make any subsequent decisions before actions unfair and leave you at risk to legal action. Investigation meetings afford an opportunity for an investigator en route for interview someone who is involved all the rage, or has information on, the affair under investigation. However, they can be difficult and emotional, particularly for a big cheese who is under investigation or who has raised a complaint. Alternatively, an employee may still have a contractual right to be accompanied, if not being accompanied would leave them deceitfully disadvantaged.
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