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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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We have now moved to the stage of having an investigation meeting

Customer Question

We have now moved to the stage of having an investigation meeting with the member of staff on Tuesday. I would like to know;
She is not in a union but wishes to bring a union official to the meeting. Is this allowable. Am I in order to ask the official which union he is from and the relationship between him and my employee?
Also, am I correct in assuming this person cannot take any part in any discussion?
Also, do I just listen to her replies to the points she raises in the accusations she faces without discussing these with her at the meeting? I wish to avoid any potential altercations. Thankyou
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

s.10 Employment Relations Act 1999 sets out who can accompany an employee to a disciplinary hearing.

She is entitled to bring a trade union offical even if she is not a member of a union.

You can certainly ask the person whether he or she has experience of, or has received training in, acting as a worker’s companion at disciplinary or grievance hearing.

The purpose of the union rep being present is to assist the employee. Sometimes this will involve speaking to the employee and giving advice or guidance. The union rep can also seek clarification on the employees behalf.

The reason for the meeting must surely be to gather information and have a dialogue? Otherwise calling the employee to a meeting and not engaging in any conversation would serve no purpose.

Customer: replied 4 years ago.

Ok, I can understand that, thankyou. Just so that I know, if she is dismissed and applies to a tribunal on the grounds of unfair dismissal,is

there any limit to any award she may be given if successful in her claim?

Expert:  Alice H replied 4 years ago.
The maximum basic award for unfair dismissal is £13,500.

The maximum compensatory award is £74,500 or 52 weeks gross pay.

These are basic figures obviously - the amount of award would be dependent on a number of factors including age and period of employment.

Hope this helps.