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Right to Representation at Disciplinary or Grievence Hearing
A worker who is required or invited to attend a disciplinary or grievance hearing is entitled upon reasonable request to be accompanied by a representative. The representative can be a co-worker, or a trade union official or employee whom the union certifies in writing has experience or training in representation matters. The right to bring a union representative exists even where the union is not recognised by the employer.
However, the rights of representation are limited in that the representative may address the hearing, but may not answer questions on the worker's behalf, or cross-examine witnesses. If the worker encounters difficulties in obtaining a representative, they have the right to ask the employer to postpone the hearing for a reasonable time. Where an employer unreasonably refuses to allow a worker's representative to attend the hearing, the worker may have recourse to an Employment Tribunal for compensation.
However, the rights of representation are limited in that the representative may address the hearing, but may not answer questions on the worker's behalf, or cross-examine witnesses. If the worker encounters difficulties in obtaining a representative, they have the right to ask the employer to postpone the hearing for a reasonable time. Where an employer unreasonably refuses to allow a worker's representative to attend the hearing, the worker may have recourse to an Employment Tribunal for compensation.
