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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 56526
Experience:  Qualified Solicitor
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If a Solicitor attends with the employer representative at a

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If a Solicitor attends with the employer representative at a consultation meeting re redundancy warning notice, is the employee in receipt of this individual redundancy notice entitled to bring along a legal or Hr representative, where he is not a member of a trade union and bringing a work colleague is clearly not appropriate ,
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: yes, and they insisted only a trade union representative or work colleague
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees, small number of professionals , not unionised
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The employee attended on his own

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Is this in relation to UK or Irish law?

Customer: replied 3 months ago.
UK law

Employees have the legal right to be accompanied at certain meetings in the workplace, a right provided under sections 10-15 of the Employment Relations Act 1999. The law states that where a worker is required to attend a disciplinary or grievance hearing and the worker reasonably requests to be accompanied at that hearing, the employer must allow them to be accompanied by a 'single companion’.

The meetings that are covered by this right are:

· Formal disciplinary hearing (any hearing where a warning is to be issued, other disciplinary action is to be taken, or a sanction is confirmed, such as an appeal hearing) - it will include hearings that may lead to dismissal if they are related to misconduct or capability issues

· Formal grievance hearing

There is no legal right to be accompanied at an investigatory meeting, or in redundancy situations, such a consultation meeting or a meeting to confirm someone's redundancy termination. The employer may still allow the employee to be accompanied at such meetings but it is not a legal right.

Finally, when it comes to the choice of companion, the worker is only entitled to be accompanied either by a trade union representative or a workplace colleague. There is no right to be accompanied by family, friends or any legal representatives, such as lawyers. This is regardless of who attends on the employer’s side.

Does this answer your query?

Customer: replied 3 months ago.
Thanks, ***** ***** that in the case of a Redundancy Warning notice to an employee, and a subsequent statutory "consultation meeting" that according to the various websites , acas included, that an employee has the legal right to be represented by a trade union representative or work colleague. That seems clear, although somewhat different to what you are saying. However, what you say in your last paragraph, is a surprise,ie that if the employer has legal representation, it does not confer an equal right to the employee to be represented by his choice , either legal of consultant etc. This meeting could be construed as 'unfair dismissal" so my question is does 'single companion" mean the employee can choose who to bring[ Not limited to Trade union or work colleague?}

There is actually no right to be accompanied at these redundancy meetings. See here:

https://www.pureemploymentlaw.co.uk/faqs-the-right-to-be-accompanied/

https://www.xperthr.co.uk/faq/do-employees-have-the-right-to-be-accompanied-at-meetings-under-a-redundancy-procedure/99445/

It is good practice, but not a legal requirement – there is a distinct difference.

As to the choice of companion, you state that “This meeting could be construed as 'unfair dismissal" – on what grounds would that be?

Customer: replied 3 months ago.
Thanks, ***** ***** clarified the position very well. There is obviously no legal right. I do not wish to get into the unfair dismissal circumstances, suffice to say that redundancy is the cover, but can be contested as unfair dismissal which will provide a stronger basis for fair procedures including representation.
This my first time using this service, I am impressed, many thanks, ***** ***** may revert to you again.

no problem, always here if needed

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