 |
 |
|
 |
|
|
 |
|
|
 |
 |
Extension of the Role of Worker Representatives and Disciplinary Hearings
As employers will be aware, where a meeting is held which could result in disciplinary action, workers have the right to be accompanied by a colleague or trade union representative.
The DTI announced on the 30th September 2004 (giving one whole day’s notice) that it will be effecting section 37 of the Employment Relations Act 2004, as of 1st October 2004.
Section 37 expands the role of representatives at meetings where workers have the right to be accompanied.
As such, from 1st October 2004 representatives will be able to:-
- Put the workers case.
- Sum up that case.
- Respond on the workers behalf to any view expressed at the hearing.
- Confer with the worker during the hearing.
Representatives will remain unable to:-
- Answer questions on behalf of the worker.
- Address the hearing if the worker indicates that he does not wish him to do so.
- Act in a way which prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.
Practical Tip
Employers should review their disciplinary procedures. Do your procedures comply with the above new rights?
Worker representatives should be informed of what they can or cannot say/do at disciplinary hearings at the outset of any hearing. Ideally this information should be set out in your disciplinary procedure.
