YOUR RIGHTS
Know Your Rights
There are a number of rights that can assist you in your employment and its always best to be informed before attending meetings in relation to this.
Its best to seek advice and plan prior to any disciplinary or grievance hearing as ultimately this will impact on your employment status.
Employment Relations Act 1999Disciplinary and grievance hearings
Section10 Right to be accompanied.
(1)This section applies where a worker—
(a)is required or invited by his employer to attend a disciplinary or grievance hearing, and
(b)reasonably requests to be accompanied at the hearing.
(2A)Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—(a)is chosen by the worker; and(b)is within subsection (3).
(2B)The employer must permit the worker’s companion to—(a)address the hearing in order to do any or all of the following—(i)put the worker’s case;(ii)sum up that case;(iii)respond on the worker’s behalf to any view expressed at the hearing;(b)confer with the worker during the hearing.
(2C)Subsection (2B) does not require the employer to permit the worker’s companion to—
(a)answer questions on behalf of the worker;(b)address the hearing if the worker indicates at it that he does not wish his companion to do so; or(c)use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.
(3)A person is within this subsection if he is—(a)employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations(Consolidation) Act 1992,(b)an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or(c)another of the employer’s workers.
These are some of the key rights you are entitled to...
The right to be accompanied to all grievance and disciplinary hearings by your representative.
The right not to suffer detriment for exercising a statutory right.
The right not to be discriminated against when it is one of a number of protected characteristics. Equality Act 2010.
Exercising working time rights.
Making a protected disclosure.
Exercising the right to take leave for family or domestic reasons.
The right not to suffer unfair dismissal.
The right to information and consultation in Redundancy /TUPE situations.
