Tweet
Statutory Right of Witness
Some of you may know I am deaf and have been having issues with my employer, well now ex employer
I have appealed my dismissal and one of the points was that my witness, whilst an outsider to the company, was not allowed to fully perform the role under ACAS guidelines.
Therefore my question to the forum is, has my ex employer breached a statutory right?
1st meeting, (grievance) - not offered right of witness/companion in invite letter, neither was it clarified prior to meeting starting, I was unaware I was entitled to one as it was a grievance hearing, but the company policy said I was entitled to one.
2nd meeting, (appeal)- I highlighted that I wanted to bring a witness, but due to my disability and failure of my employer to integrate me to the workplace I did not know who was best, I suggested the Line Manager from a different branch who oversaw my trial period as I felt he was fair and understood my disability. I also offered as a solution should the line manager be unwilling or unable to attend that the interpreter the company were providing would be acceptable if the company agreed there was no conflict
The company confirmed there was no conflict and the interpreter was acceptable as a witness. There was never any feedback regarding the line manager or indeed if he was approached. Whilst the interpreter being my witness offered me moral support the interpreter was too busy interpreting to fufill the role of a witness at the hearing.
I then attended a occupation health Dr who highlighted that she felt the interpreter acting as a witness was an unfair situation and should be discontinued
3rd Meeting (disciplinary) due to previous confusion I requested my partner attend as way of a reasonable adjustment which my employer allowed, however only to provide moral support, he was not allowed to address the hearing or sum up points for me which would have been a huge benefit to me and what I needed in the meeting.
I appealed the 1st meeting and included the lack of a witness, the point was partially upheld in so much that they agree I did not have my right explained to me, however they felt it caused me no detriment as I participated fully in the meeting, despite the above comment coming at the end of an appeal into a grievance that had been going on for 5 months and the main point of the appeal was that the grievance hearing missed the point of the grievance.
Any comments be helpful
Some of you may know I am deaf and have been having issues with my employer, well now ex employer
I have appealed my dismissal and one of the points was that my witness, whilst an outsider to the company, was not allowed to fully perform the role under ACAS guidelines.
Therefore my question to the forum is, has my ex employer breached a statutory right?
1st meeting, (grievance) - not offered right of witness/companion in invite letter, neither was it clarified prior to meeting starting, I was unaware I was entitled to one as it was a grievance hearing, but the company policy said I was entitled to one.
2nd meeting, (appeal)- I highlighted that I wanted to bring a witness, but due to my disability and failure of my employer to integrate me to the workplace I did not know who was best, I suggested the Line Manager from a different branch who oversaw my trial period as I felt he was fair and understood my disability. I also offered as a solution should the line manager be unwilling or unable to attend that the interpreter the company were providing would be acceptable if the company agreed there was no conflict
The company confirmed there was no conflict and the interpreter was acceptable as a witness. There was never any feedback regarding the line manager or indeed if he was approached. Whilst the interpreter being my witness offered me moral support the interpreter was too busy interpreting to fufill the role of a witness at the hearing.
I then attended a occupation health Dr who highlighted that she felt the interpreter acting as a witness was an unfair situation and should be discontinued
3rd Meeting (disciplinary) due to previous confusion I requested my partner attend as way of a reasonable adjustment which my employer allowed, however only to provide moral support, he was not allowed to address the hearing or sum up points for me which would have been a huge benefit to me and what I needed in the meeting.
I appealed the 1st meeting and included the lack of a witness, the point was partially upheld in so much that they agree I did not have my right explained to me, however they felt it caused me no detriment as I participated fully in the meeting, despite the above comment coming at the end of an appeal into a grievance that had been going on for 5 months and the main point of the appeal was that the grievance hearing missed the point of the grievance.
Any comments be helpful
