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Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003

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Right to be accompanied

14.—(1) This regulation applies where –

(a) a meeting is held under regulation 3(1) or 8(1); and

(b)the employee reasonably requests to be accompanied at the meeting.

(2) Where this regulation applies the employer shall permit the employee to be accompanied at the meeting by a single companion who is chosen by the employee and is within paragraph (3).

(3) A person is within this paragraph if he is a worker employed by the same employer as the employee who chooses him.

(4) Where –

(a)an employee has a right under this regulation to be accompanied at a meeting;

(b)his companion will not be available at the time proposed by the employer for the meeting; and

(c)the employee proposes an alternative time which satisfies paragraph (5),

the meeting shall be held at the time proposed by the employee.

(5) For the purposes of paragraph (4) an alternative time for a meeting shall –

(a)be convenient for employer, employee and companion; and

(b)fall before the end of the period of seven days beginning on and including the day after the day proposed by the employer.

(6) An employer shall permit any companion to take time off during his working hours for the purpose of accompanying an employee to a meeting under this regulation.

(7) Articles 92(3) and (4), 93 and 95 of the 1996 Order (trade union duties and activities) shall apply in relation to paragraph (6) as they apply in relation to Article 92(1) of that Order(1).

(8) An employer shall permit any companion accompanying an employee to a meeting under this regulation –

(a)to address the meeting (but not to answer questions on behalf of the employee); and

(b)to confer with the employee during the meeting.

(1)

S.I. 1996/1919 (N.I. 16); Article 92(1)(c) of the Employment Rights (Northern Ireland) Order 1996 was inserted by regulation 6 of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 432)

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