Workplace expert Acas has published the results of its consultation on a small revision to its code of practice on disciplinary and grievance procedures.
The consultation came after an employment appeal tribunal (EAT) judgement in the case of Toal v GB Oils clarified the rules around the types of companions that workers can bring with them to grievance or disciplinary hearings. It found that workers had the right to be accompanied at these hearings by any companion, as long as they were from one of the categories listed in section 10 of the Employment Relations Act 1999. These include trade unions officials, certified union representatives or fellow workers.
Acas last year sought views on draft revisions to the right of accompaniment sections in its disciplinary and grievance code made after the EAT’s judgement. It published the consultation results, plus a revised draft of the code – which is now subject to parliamentary approval – on 16 January. Some key points of the guidance include:
- the statutory right is to be accompanied by 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;
- employers must agree to a worker’s request to be accompanied by any companion from one of these categories;
- in making their choice, workers should bear in mind the practicalities of the arrangements, e.g. they may choose to be accompanied by someone who is suitable and available on site rather than someone further away;
- to exercise the statutory right to be accompanied, workers must make a reasonable request and what is reasonable will depend on the circumstances of each individual case; and
- if a worker’s chosen companion will not be available at the time the employer proposes for the hearing, the employer must postpone the hearing to a time suggested by the worker, provided it is not more than five working days after the original date.
At Palmers, our experts can provide guidance to businesses on any employment issues, including how to conduct disciplinary and grievance proceedings fairly. For more information about the employment law services we offer, please contact Lara Murray.