The following Employment Tax guidance note Produced by Tolley in association with Becky Lawton at Charles Russell Speechlys LLP provides comprehensive and up to date tax information covering:
Any worker, as defined in Employment Relations Act 1999 (ERA 1999), who is required or invited by their employer to attend a disciplinary or grievance hearing has the right to be accompanied.
This right covers anyone, regardless of their length of service, who is a 'worker' as defined, namely:
The right to be accompanied applies to:
disciplinary hearings which could result in:
the worker receiving a formal warning
Disciplinary hearings at which the worst possible outcome for the worker is an informal warning are not covered, although a warning will not be considered 'informal' for these purposes simply because the employer gives it that label: eg any warning which is confirmed in writing and forms part of the worker's disciplinary record is likely to be considered a formal warning, thus attracting the right to be accompanied. See London Underground v Ferenc-Batchelor.
the employer taking 'some other action' with regard to the worker such as suspension without pay, demotion or dismissal, or
the confirmation of either a formal warning that has been issued or some other action that has been taken (at disciplinary appeal hearings)
grievance hearings which concern the performance of a duty by an employer in relation to a worker
circumstances in which an
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