The Role of the Companion during the Disciplinary and Grievance Process

6. Applying the Right

The authority should allow a companion to have a say about the date and time of a hearing. If the companion cannot attend on a proposed date, the employee can suggest an alternative time and date so long as it is reasonable and it is not more than seven calendar days after the original date.

Before the hearing takes place, the employee should tell the authority who they have chosen as a companion. In certain circumstances (for instance when the companion is an official of a non-recognised trade union) it can be helpful for the companion and a representative from the authority to make contact before the hearing.

The companion should be allowed to address the hearing in order to:

• put the employee’s case.
• sum up the employee’s case.
• respond on the employee’s behalf to any view expressed at the hearing.

The companion can also confer with the employee during the hearing. It is good practice to allow the companion to participate as fully as possible in the hearing, including asking witnesses questions. The authority is, however, not legally required to permit the companion to answer questions on the employee’s behalf, or to address the hearing if the employee does not wish it, or to prevent the authority from explaining their case.

In the same way that employers should cater for a worker’s disability at a disciplinary or grievance hearing, they should also cater for a companion’s disability, for example providing for wheelchair access if necessary.

Employees should not be disadvantaged for using their right to be accompanied or for being companions.