Part 3

Rights of trade union members, workers and employees

Other rights of workers and employees

Role of companion at disciplinary or grievance hearing
37
1
For subsection (2) of section 10 of the Employment Relations Act 1999 (c. 26) duty of employers to permit workers to be accompanied at disciplinary and grievance hearings) substitute—
2A
Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—
a
is chosen by the worker; and
b
is within subsection (3).
2B
The employer must permit the worker’s companion to—
a
address the hearing in order to do any or all of the following—
i
put the worker’s case;
ii
sum up that case;
iii
respond on the worker’s behalf to any view expressed at the hearing;
b
confer with the worker during the hearing.
2C
Subsection (2B) does not require the employer to permit the worker’s companion to—
a
answer questions on behalf of the worker;
b
address the hearing if the worker indicates at it that he does not wish his companion to do so; or
c
use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.
2
In section 11(1) of that Act (complaint to employment tribunal), for “10(2)” substitute “ 10(2A), (2B) ”.
3
In section 12 of that Act (right not to be subjected to a detriment or dismissal)—
a
in subsections (1)(a) and (3)(a) for “10(2)” substitute “ 10(2A), (2B) ”; and
b
after subsection (6) add—
7
References in this section to a worker having accompanied or sought to accompany another worker include references to his having exercised or sought to exercise any of the powers conferred by section 10(2A) or (2B).
S. 37 in force at 1.10.2004 by S.I. 2004/2566, art. 3(a) (with art. 8)