In Stevens/University of Birmingham, the High Court found that an employer had breached its tacit duty of trust and trust towards a worker who, in the course of a disciplinary investigation, cannot be accompanied by his choice of companion. For example, in the last case of Gnahoua/Abellio London Ltd, the Tribunal found that the employer violated the applicant`s right to be accompanied by refusing to allow his chosen travelling companions, union representatives, to be accompanied in the context of a disciplinary action allowance. If the chosen companion is not available at the time of the oral procedure, the worker may propose another time, at once appropriate, within five working days from the initial hearing. A woman faces a complaint and a possible disciplinary hearing. Unions are not recognized and women are not members of the TU. Her husband does not work in the same company, but is a union representative elsewhere. Is it reasonable for her to ask for him as a companion? The conduct of an accompanist may be considered part of his or her normal obligations, so that undisguised or inappropriate behaviour should attract any appropriate act against the companion as a collaborator in his own right. (For union representatives, additional steps must be taken to ensure that the employer cannot be considered an attack on the legitimate role of the union.) An employer may use a confidentiality agreement (NDA) to prevent the exchange of information by an employee or employee. Bus drivers Eleftheriou and Bowani wanted Mr. McConville, an accredited rmT union representative, as their companion at disciplinary hearings. The doctor wishes the same companion as for the investigations.
However, the physician`s chosen attendant no longer works for the same confidence in the NHS at the time of the hearing. This could be the case if only some people are aware of the agreement and do not want others to know. That does not prevent anyone from saying that an agreement has been reached. Grant leave so that the worker can act as an attendant at the hearing As long as the attendant meets the legal definition (i.e. a union delegate or a colleague), the choice should be left to the employee. Tip – If a person is present as an employee`s companion, ask them to sign a confidentiality agreement for escorts. Not only does it expose the scope of its role, but it invites them to recognize these parameters. While you can`t insist that they sign the agreement, it shows that you know exactly what they are and what they are not, and that they have to do as accompanists and watch them closely. This is also the case where the employer feels that the companion is not appropriate on the basis of previous experience. In other words, the worker can choose who he wants, provided he belongs to one of the three authorized categories. The decision of the High Court of Stevens/University of Birmingham should remind the employer of the need to be flexible in choosing the companion, especially when the charges jeopardize the position of the person in his chosen profession.
She`s dyslexic, so for that reason, I`d be considered an accompanist? For example, they should follow work methods as follows: admitting such companions may be a reasonable policy for employers, as their presence can help reassure the worker and help you to reach the facts of the issue in question, but this is not a legal requirement, and larger employers should rarely consider it necessary, as there should be a co-worker in the workplace who meets the needs.