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The Right to be Accompanied: Episode 20

Conciliation

 An employee’s right to be accompanied at a disciplinary and grievance meeting

In this episode of the podcast I tell you about a recent change to the ACAS code of practice on disciplinary and grievances which has been brought about by a decision of the employment appeal tribunal on the question of whether or not an employer can refuse to allow the employee’s particular choice of companion.

In this episode you will learn

  • What the Employment Appeal Tribunal said about the legal right to be accompanied
  • What changes this made to the ACAS Code of Practice
  • What it could cost an employer who refuses to allow an employee to be accompanied
  • Who the employee can be accompanied by
  • What an employer’s options are with exercising their discretion over who can accompany an employee
  • When it may be a reasonable adjustment to allow an employee to be accompanied by someone other than required by law
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about checking your employee or staff handbook to ensure any terms which are ‘contractual’ are clear and not likely to cause difficulty in the event that a dispute arises in the future.

Podcast references

 Toal v GB Oils Limited 

ACAS Code of Practice

Guidance on dealing with disciplinary issues

If you have a question that you would like answered in the podcast please send me an email to alison@realemploymentlawadvice.co.uk or leave a comment below.

 HR Harbour – A complete solution for Employers

If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.