Commentary

(a) Right to be accompanied: when does it apply?

Division AII Contract of Employment
| Commentary

(a) Right to be accompanied: when does it apply?

| Commentary

(5)     Right(s)

(a)     Right to be accompanied: when does it apply?

The right of accompaniment is given to workers who are required or invited by the employer to attend a disciplinary or a grievance hearing and who reasonably request this (ERA 1999 s 10(1)(a) and (b)). The definition of a disciplinary hearing (s 13(4)) covers hearings that could result in the administration of a formal warning to a worker by an employer; the taking of some other action in respect of the worker by his or her employer, or the confirmation of a warning issued or some other action taken. 'Some other action' obviously includes dismissal, and would also include disciplinary sanctions such as demotion, reduction in pay or unpaid suspension. The last limb of the definition will cover appeals. There is no legal requirement to permit employees to be accompanied at 'protected discussions' of potential settlement agreements under ERA 1996 s 111A, but the ACAS Code of Practice on Settlement Agreements recommends this as

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