HR tip: Companion in disciplinary hearings

HRD & Payroll Solutions continues to bring HR Zone members a range of HR and payroll tips in 2007. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HR Zone highly recommends that any tips are taken as a starting point for guidance only.

Question: "Our disciplinary procedure states that a shop steward is provided to attend any formal disciplinary hearing. An employee who has been asked to attend a disciplinary hearing has objected to this and wants someone else to attend. How do we all stand?"
HR Tip:
There are two issues here. First, regardless of what your disciplinary procedure may say, the employee is entitled to be accompanied by a work colleague or trade union official of his choice. The second issue depends upon the precise wording of your disciplinary procedure. If it gives the employee the right to have a shop steward present, then he has a choice, which includes refusing that right. On the other hand if the procedure says that the shop steward will be present, then you must have along both the shop steward and the employee’s chosen companion. I just hope you have enough chairs.
Previous HR and Payroll tips:
June 2007
Dependents' leave
The right to privacy
May 2007
Confidential information
Sex discrimination
Fixed term contracts
Return from maternity leave
April 2007
Sex discrimination
Deductions from wages
Custom and practice
Disclosing employees' birthdays
March 2007
Making notes in disciplinary proceedings
Discipline and the police
Analysing poor performance
Resignation in a temper
Implied terms of contract
February 2007
Issuing contracts of employment
Unfair and wrongful dismissal
Bullying boss
Persistent absentees
January 2007
Confidential witness statements
Ending a fixed term contract
2006 tips
2005 tips

HR Zone, 21-Jun-2007
Categories: Employment Law
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HR tip: Companion in disciplinary hearings

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