Dear All,

On Friday this week we have a disciplinary hearing. We have written to the employee and told her she is entitled to bring a colleague with her to the hearing.

What is the true role of the accompanying person? Should they be vocal or silent throughout the proceedings?

Thanks for your help

Emma

Hi Emma,

We have the following in our discipline policy with regards to representation which may assist you.

Rights of Representation

Employees have a statutory right to be accompanied at a disciplinary hearing. This may be a colleague or if a member of a trade union a trade union representative.

When choosing a representative the Company reserves the right to deny the request if they feel that their presence would prejudice the hearing or may cause a conflict of interest.

If an employee asks another colleague to represent them they do not have to accept their request.

The representative can:-

Ø       Put the employee’s case.

Ø       Make representation on behalf of the employee.

Ø       Sum up the employee’s case.

Ø       Ask for an adjournment to confer with the employee during the hearing

Ø       Ask witnesses questions. 

The representative cannot:-

Ø       Answer questions on the employee’s behalf.

Ø       Address the manager holding the hearing if the employee does not wish it.

Ø       Prevent the Company representative holding the hearing from explaining the case against the employee.

If the employee’s chosen representative will not be available at the time and date proposed for the hearing then the employee will need to propose an alternative time and date which is reasonable and within 7 days of the first date they were asked to attend the hearing.

I hope this helps.

Hi Emma,

In addition to the excellent reply by 'S', I would simply add that it is a good idea to set out these 'ground rules' at the beginning of the hearing. It is also preferable that you know who you are dealing with in terms of a companion. Therefore, it is good practice to ask the employee to advise you in advance of the hearing about whom they intend to be accompanied by. This request could be included in the letter inviting the employee to the hearing. As well as notifying you that the employee is being accompanied, there may be good practical reasons for this request, for instance, if the companion is a non-employee (e.g. Trade Union Official), your office/site Security may need to be made aware of a planned visitor.

In the hearing itself, you may decide to allow greater interaction from the companion if it will help bring the matter to a conclusion and/or if you feel that it is in the overall interest of good employee relations. This will depend on the nature and circumstances of the matter at hand, the individuals involved and whether there is a real danger that the companion will try to dominate or control the hearing. This is where your judgement on the day will come into play. In my own experience, it helps to allow the companion to address the hearing, but I do permit them to answer questions on behalf of the employee. If the companion is overbearing or too vociferous, it is advisable to adjourn the hearing and on recommencement, reiterate the 'ground rules'.

Hope it goes smoothly.

Correction to previous post:...it should read 'but I do not permit them to answer questions on behalf of the employee.'

DG

Thank you for all your help, loads of good advice. It's a difficult situation but we're confident it will go well with only the need for a warning.

Emma