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Q & A - ANY PENALTY FOR REFUSING A COMPANION
July 2010
Q & A – ANY PENALTY FOR REFUSING A COMPANION
Q. An employee had made a request to bring a workplace companion along to a disciplinary hearing, but we think they are an unreasonable choice. Could we face any financial penalty if we don’t allow them in?
A. A workplace companion can be either a (1) colleague/ / (2) trade union representative/ / or (3) union official (who is certified as competent). However, an employee’s choice must be a reasonable one, e.g. the individual can’t be involved in the dispute e.g. as a material witness, or be expected to travel from a remote location. But if you refused a workplace companion outright, ie. without good reason, the employee could bring a tribunal claim against you. Their entitlement to be accompanied during a disciplinary hearing is a statutory right and an employee can’t be made to forego it. Where this happens, the maximum compensatory tribunal award is £760 (there is no minimum level). This figure is based on two weeks’ statutory pay at the current rate of £380 per week.
Source: Tips & Advice Personnel June 10 2010
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