Company Bringing External HR to Disciplinary / moving goalposts

[KIP1]

Hi, could anyone advise please, when a company brings external HR to a disciplinary hearing. It is in the contract that they can do it but have never done so in the 10 years the employee has worked there. They have also taken the unusual step of banning the employee from disclosing to other colleagues that they are on a disciplinary or from discussing the details. I am privy to the facts and there does not seem to be anything in them to suggest why this was necessary. They have not been suspended from work but the non disclosure thing has had the efect of isolating them from any support and made it more difficult to build their defense. (Company has said any witness statements off anyone have to be requested through HR but the employee believes the company will influense them by asking biased or leading questions}.. My questions are;
What conditions does the external HR have to meet - could it be a conflict of interests if they are acting for the company against the same employee on another matter eg employment tribunal?
Does this mean the employee could bring their own legall counsel to the hearing? It woulnt normally be allowed but they are ovbiously not running it like a 'normal' dissipliinary!!
The company have not said what range of outcomes there might be but the employee thinks it is bulding up to dismissle. There union guy seems to think any challenges to the proces will have to wait until the day of the hearing, the employee is not convinced and is understandbly worried. Thanks to everyone for any responses.

[ULA]

Just a couple of observations on the situation you have described:

1. Do you work in a small organistion without enough competent managers to carry out the disciplinary hearing?
2. Is the HR consultant on the Tribunal record as being the company's representative for the ET claim or are they just advising the company who are respresenting themselves?

Answers to the above will assist me provide an answer to some of the questions you have raised and for the others I can respond as follows:

1. The statutory right to be accompanied does not extend to legal representation. However, check whether there is a contractual right to legal representation at disciplinary hearings.
2. In inviting the individual to a disciplainary meeting, under the ACAS Code of Practice, it does state that the "possible consequences" should be set out i.e. what form of disciplinary action may be taken.

Look forward to a response to be able to provide a fuller answer.

[KIP1]

Hi, thanks for your reply.
1. Its not a massive organisation but they have had disciplinarys for everything from performance to sickness to sacking before and have never found it nessecary to take this step. There is no contractual right to legal representation in there contract, its' just statutory right to accommpanyment

2. Yes. the HR consultant is on the ET record as being the companys reperesentative, its' actually worded as ''acting on behalf of''. Hope this helps clarrify

[ULA]

1. Even if an external consultant is brought to undertake a disciplinary hearing there always has to be a senior manager in the business who "signs off on" and is responsible for the form of disciplinary action that is taken. This responsibility cannot be handed over to the external consultant.
Based on what is in the contract then I think it would be hard to argue legal representation without know the full facts of the allegations.

2. In my view then, if the HR consultant is on the record with the Tribunal dealing with an ET claim that the person being potentially disciplined has brought, then the issue of impartiality could be raised.

I also have a different opinion to the union guy in that this point 2 aspect should be challenged in advance of the meeting taking place.

[KIP1]

Thanks very much for all your help, this is good to know