THE RIGHT TO BE ACCOMPANIED

[k979aaa]

In simple terms it is your word against theirs as such a witness may be of benefit to you!.

[stokes11eg]

It works sadly, or happily even a blind bat wouldn't 'proposition me now----,

If you want to be - may I suggest this brewery

Looks like mandy.

[brothermagrew]

Sections 37 and 38 of the Employment Relations Act 2004 (role of companion at disciplinary or grievance hearing and extension of jurisdiction of EAT) to come into force on 1st October 2004.

The Employment Relations Act 1999 (“the 1999 Act”) provides a right for workers to be accompanied by certain trade union officials or fellow workers at non-trivial disciplinary and grievance hearings. The 1999 Act, in essence, provided that the companion could address meetings and confer with the worker but was not permitted to answer questions on behalf of the worker.

Section 37 of the new Employment Relations Act 2004 further clarifies the role of the companion at such disciplinary and grievance hearings, by amending section 10 of the 1999 Act. Under the amended law, the employer must allow the companion to address the hearing to put the worker’s case; to sum up that case; and to respond on the worker’s behalf to any view expressed at the hearing. The companion may still confer with the worker during the hearing. The companion will therefore normally be able to address the hearing both at the beginning and end of the hearing and will also have the opportunity to respond to views expressed.

The amended law also provides that the employer is not required to permit the companion to answer questions on the worker’s behalf, address the hearing if the worker indicates that he does not wish the companion to do so, or use the powers in a way that prevents the employer from explaining his case or any other person making his contribution.

Section 37 also amends section 12 of the 1999 Act to make it clear that where a worker attends a hearing as the companion of another worker, he is protected against detriment and dismissal not only in respect of the act of accompanying the worker but also for addressing or seeking to address the hearing.

Practical guidance on the role of the companion is provided in Section 3 of the ACAS Code of Practice on Disciplinary and Grievance Procedures, a new version of which comes into force on 1 October 2004.

Extension of jurisdiction of Employment Appeal Tribunal

Section 38 ensures that the Employment Appeal Tribunal has jurisdiction to hear appeals against employment tribunal decisions in relation to the “right to be accompanied”.

* This note is designed to assist the reader in their understanding of the provisions. It is not a comprehensive description of the legislation and carries no legal force.

[brothermagrew]

On this subject matter of the Right To Be Accompanied.


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