Companion to a disciplinary
Discussion
Nothing in law, you should refer to the company disciplinary policy. If that is silent the measure that will be used is reasonableness. For example, if you wanted someone and they agreed but were on two weeks holiday it would be reasonable, in my opinion, to wait for them to come back. On the other hand, if they were at work every day and the company delayed for a couple of weeks without giving good reason that may be deemed not to be reasonable.
Also, check the policy for what it says about the meeting logistics - normally something like the allegations against you will be put in writing to you at least x days before the meeting to give you ( and your colleague/representative) time to prepare. It may also state a timeframe for the meeting to be held. If it doesn’t but gives you a timeframe for lodging an appeal after being notified of a decision e.g. five working days, following a meeting I would suggest that you write to them stating the same duration is reasonable for them to arrange the meeting including your representative attending (send out the invite, not including your prep time). They do not have to agree with you but this will put you on the front foot and will be a position you can use at any subsequent tribunal to build a case of “not reasonable behaviour” by the employer.
If you are unhappy with their behaviour put it in writing to the employer and include line such as their behaviour is causing you un-necessary stress etc.
Also, check the policy for what it says about the meeting logistics - normally something like the allegations against you will be put in writing to you at least x days before the meeting to give you ( and your colleague/representative) time to prepare. It may also state a timeframe for the meeting to be held. If it doesn’t but gives you a timeframe for lodging an appeal after being notified of a decision e.g. five working days, following a meeting I would suggest that you write to them stating the same duration is reasonable for them to arrange the meeting including your representative attending (send out the invite, not including your prep time). They do not have to agree with you but this will put you on the front foot and will be a position you can use at any subsequent tribunal to build a case of “not reasonable behaviour” by the employer.
If you are unhappy with their behaviour put it in writing to the employer and include line such as their behaviour is causing you un-necessary stress etc.
strath44 said:
out of interest is this a common practice or request?
I have had an employee ask to record a disciplinary meeting which I had no issue with but from a legal standing I could see some employers having issue.
Quite common practice, most employers will state that you can have someone join if you wish. I think they are required to offer it to you, if you are part of a union you are allowed to have a member of the union present I have had an employee ask to record a disciplinary meeting which I had no issue with but from a legal standing I could see some employers having issue.
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