Can I be represented in a disciplinary or grievance hearing?

Workers have the right to be accompanied at disciplinary and grievance hearings and appeals, even if their employer does not recognise their Union.

This right is available to all workers (including agency and home workers) regardless of the number working for their employer.

You can choose who to have as your companion, providing the person is either:

• a union lay official certified as experienced or trained in representing workers;
• a trade union officer; or
• another of the employer's workers.

The right applies to:

• any disciplinary hearing which could result in a formal warning, or in the employer taking some other action e.g. dismissal, suspension.
  
• appeal hearings
• grievance hearings (i.e. a hearing which concerns the performance of an employer's duty towards a worker).

The request to be accompanied must be "reasonable", so do not leave it until the last minute. It is best, though not obligatory, to put it in writing.

The employer must allow your companion to address the hearing to

• put your case,
• sum up that case and
• respond on your behalf to any view expressed at the hearing.

Your companion can also confer with you during the hearing. S/he will therefore normally be able to address the hearing both at the beginning and end of the proceedings and will also have the opportunity to respond to views expressed. However, the employer is not required to permit the companion to:

• answer questions on your behalf,
  
• address the hearing if you indicate that you do not want the companion to do so, or
  
• use the powers in a way that prevents the employer from explaining his case or any other person making his contribution.

If your companion is not available, you can ask for the hearing to be postponed. You can propose an alternative date which must be reasonable and must fall within five working days (excluding Saturday, Sunday, Christmas Day, Good Friday and bank holidays). So a hearing set for Monday can be postponed up to, but not beyond the following Monday.

A companion is allowed reasonable paid time off, including conferring with the worker before and after the hearing.
If your employer refuses to allow you to be accompanied, or to postpone a hearing, you can complain to an Employment Tribunal, which can award up to two weeks' pay. A dismissal in these circumstances may well be unfair.