LATEST UPDATE

[TrueBlueTerrier]

10 Right to be accompanied (1) This section applies where a worker—
(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and
(b) reasonably requests to be accompanied at the hearing.
(2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who—
(a) is chosen by the worker and is within subsection (3),
(b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and
(c) is to be permitted to confer with the worker during the hearing.
(3) A person is within this subsection if he is—
(a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992,
(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or
(c) another of the employer’s workers.

I think 3(c) is the sticking point here......

I read it different - I think what you intimate is that the "companion" has to match all 3 criteria, but I read it as they have to meet only 1 of them. DO you have a link to the original article so that we can see it in its entirety. Thanks for posting it though.

[IWW Fellow Worker]

This is from one of our members Teebs.


A worker can be accompanied but not represented by any accredited union rep, whether the company recognises the union or not.

I've now done this in several cases as an IWW rep.

The difference between accompanying and representing is quite small - basically if you accompany a worker you can't answer questions on their behalf whereas you can if you are representing them.

The relevant legislation is Section 10 of the Employment Relations Act 1999.

At the end of the day any refusal to accept an IWW accredited official would have to be dealt with at Employment Tribunal.

I've only been temporarily refused once and gave them the ACAS guidelines to read.