Employee Rights

[donuteater6]

If someone has been issued a letter from there employer inviting them to a formal warning meeting, does the person have a right to know what this is for before attending this meeting so that they have the right to appeal and also have someone to represent them - all that has been attached to the letter is info about equality / diversity / human right policy which to me looks like the person is being accused of some kind of harassment / bullying which they are totally unaware of and the employer has refused to talk about it until the meeting. The accused feels victimised and unfairly treated as they are unaware of what is happening. Can the employee just accept hear say comments and issue a warning without talking to the person being accused first - surely the accused is being treated unfairly

[Tools]

Re: Employee Rights

Hi and welcome to LegalBeagles.

Take a look at this PDF issued by ACAS, it is very informative

http://www.acas.org.uk/media/pdf/s/o...n-may-2012.pdf

Below are a few salient points from within it. Please post further info as and when you can and let us know of any developments etc.

If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.
The notification should also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting.


The meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case.

Employers and employees (and their companions) should make every effort to attend the meeting. At the meeting the employer should explain the complaint against the employee and go through the evidence that has been gathered. The employee should be allowed to set out their case and answer any allegations that have been made. The employee should also be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses. They should also be given an opportunity to raise points about any information provided by witnesses. Where an employer or employee intends to call relevant witnesses they should give advance notice that they intend to do this.

Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in

• a formal warning being issued; or
• the taking of some other disciplinary action; or
• the confirmation of a warning or some other disciplinary action (appeal hearings).

The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.


To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.


The companion should be allowed to address the hearing to put and sum up the worker's case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not, however, have the right to answer questions on the worker's behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

[donuteater6]

Re: Employee Rights

thank you, the employee involved has been given no indication as to what they are being accused of nor been given the opportunity to have a witness present. The employer has only gathered information from other members of the staff, yet not spoken to the person being accused. ACAS have advised to request the employer to postpone the meeting until they have presented the employee with all evidence so that they have time to prepare and organise a representative.

[charitynjw]

Re: Employee Rights

Hi donuteater6,

Although not mentioned above, in some instances the chosen companion could be a legal representative.
This is more likely to be permitted when the disciplinary decision could potentially lead not only to the loss of a job, but to loss of a career as a result. (ie doctors or teachers).