Law Queries
Disciplinary hearings
Q. Can a trade union official only accompany a member to a disciplinary hearing if the union is recognised?
A. No. Workers are entitled to be accompanied to disciplinary (and grievance) hearings by a trade union official (or a colleague — Section 10 Employment Relations Act 1999), regardless of whether the union is recognised by the employer. It is not necessary for the worker to be a member of the union official’s trade union.
The request made by the worker to be accompanied must be a reasonable request. If the trade union official is not available, the worker can ask for the hearing to be postponed for up to five working days.
Failure by the employer to comply with the right to be accompanied gives rise to a potential employment tribunal claim.