Right To Be Accompanied

[AwfulLawful]

Bit of a tricky one this so hope I explain clearly enough and do it justice.

I am a Union representative within a heavily unionised industry (Railway). A union member/colleague has recently been suspended pending investigation and has been invited to a 'Fact-finding' meeting'. His chosen companion for the meeting is me, which I am of course happy to do, however the investigation manager has refused him the right to pick me as his rep, instead told the colleage he can only have Joe Bloggs accompany him.

This is were it gets tricky. The internal policy says there will be an investigation manager and a seperate hearing manager. The investigation manager will conduct a fact finding interview with the findings being collated an then handed to hearing manager. No sanction can be issued during the fact finding stage which as far as im aware means legally the employer does not have to offer the accused the right to be accompanied.

The employers internal policy does say the employee being investigated does have the right to be accompanied during all stages of the disciplinary and grievance process however it doesnt say the employee has the right to choose their own nor does it say the employer can advocate for a certain one. Basically my question.....The fact the policy states and employee has the right to be accompanied during all stages of the disciplinary process does this mean the same standard of legal onus is applicable as would be at a hearing were sanctions can be imposed for example, choice of companion and reasonable delay of meeting to accomdate that companion ?

[MIKE770]

ULA may be able advise

[echat11]

Definitely one for ULA.

You have 'two hats', one as a Union Rep but also as 'an employee', could you not go along with you 'employee' hat on?, park the Union Rep 'hat' which I fear they think you will be 'wearing' during any meeting.

[AwfulLawful]

Thanks ECHAT. I wouldnt be too vocally active in a Fact-Finding meeting anyway to be honest as most questions asked of employee, questions which i cant answer on their behalf. I would simply be there in support capacity and maybe to nudge them if they insist on rambling on too much.

Regardless of what hat I would were would be irrelevent as management already said I cant be companion and have insisted on choosing on behalf of the accused.

[ULA]

An employee on suspension and being invited to an investigatory meeting does not have the legal right to be accompanied unless this is detailed in the company's procedure.

It is ony when it becomes a disciplinary matter that there becomes a right to be be accompanied.

[AwfulLawful]

Thanks ULA.

Yes, I understand your comment and as far as Im aware an employee doesnt have the right to be accompanied unless a disciplinary sanction can be given however our policy does state an employee can be accompanied thoughout each stage of the disciplinary but it doesnt offer further details e.g criteria of companion.

The fact the policy says an employee can be accompanied but then in practice the employer is given the accused a small pool of reps he can choose from is what I take issue with

[ULA]

Typically the person who can accompany someone at a disciplinary meeting is either a work colleague or a trade union representative. If the individual has asked you to represent them in your capacity as a TU rep then that should allow you attend any disciplinary meeting and also, if the policy allows, for being the companion at an investigatory meeting.

Has your work colleague asked to be provided with a reason as to why you are not been allowed, if not then I suggest that they do this.

[AwfulLawful]

Yes
their reasoning was because of covid and we are currently in a system if working in "Bubbles'

Workers at location A stay at location A
Workers at location B stay at location B

Basically no cross site working.


However the investigating officer who is based at Location B, come to location A to issue suspension notice and the accused who is based at Location A is expected to attend a meeting at location B. So using bubbles as an excuse for not allowing a certain rep is ridiculous and contradicted.

[ULA]

Given the system of Covid bubbles has anyone thought about conducting the meeting virtually? This would overcome the bubble issue and remove the reason not to allow you to represent your colleague.