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Translator requirements

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  • Translator requirements

    An employee has been dismissed. The employee has lodged an appeal in line with the companies handbook. The employees first language is not English, and they will require translation. They have been offered the opportunity to bring along a colleague or union representative, but have now demanded ‘a professional translator’. Is the employee required to provide this? I can’t seem to find much info on the internet regarding this.

    Many thanks
    Tags: None

  • #2
    Who did the translation prior to dismissal when there were discussions with management? Why can't they do it for the appeal?

    The underlying point of fairness is that the employee must have the opportunity to put their case and explain themselves so what is the employee's reason for saying a professional translator is needed to achieve this?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Have a look here: https://www.lra.org.uk/sites/default...ril%202011.pdf

      also It may be possible to raise the matter with the employer regarding Equality Act 2010

      Comment


      • #4
        The OP is the employer.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          If you are seeking to object to this on grounds of cost, this may be a short-term view. Providing an interpreter may assist you in demonstrating the fairness of your process should the employee take this to Tribunal.

          It may therefore not be a question of whether you must do this, but whether it is wise to do so.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Opps misread that, thank you for correction. atticus

            Comment


            • #7
              Sorry just to say the link to the document in post #3 relates to Northern Ireland and although their employment practices are similar if you are based in England or Wales there may be a variation.

              Another alternative to consider is whether there is a family member who may be able to translate in this situation. Whatever happens you need to conduct a fair and reasonable process, which does include having to make reasonable adjustments where necessary.
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              Comment


              • #8
                Thank you everyone who advised. To answer the questions raised:
                We’ve always offered employees to bring a colleague or trade union rep. During discussions and hearings we use senior managers or the same nationality. This has been the case with this employee for previous warnings and discussions. He has never objected. He is doing so this time, simply because he can and is being driven by family members who are miss using the Equality Act. This is the third date for the hearing, due to similar prevarication.

                One quote for a translator was nearly £1k, which is frustrating considering the reason for dismissal was destruction of company property (at considerable cost to the business). However, we have found a professional service who will send an interpreter in person for a more palatable cost.
                Atticus - Your advice is wise, and I feel better about providing one. Thank you.

                Comment

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