26, · Legally, e right to be accompanied only covers disciplinary and grievance hearings (including any appeal hearings). erefore, technically, you do not have to allow a companion to any type of meeting which is not a disciplinary or grievance hearing, including a redundancy consultation meeting. However, you do need to be ae at e definition does include capability hearings. e right to be accompanied does extend to e final meeting in a redundancy consultation process as one outcome of at meeting could be dismissal. Some Common Employee Requests Regarding being Accompanied Just to be very clear, ere are a number of common requests at employers receive regarding is right. However, e concise answer is at an employee does not have an absolute legal right to be accompanied to all of e redundancy consultation meetings, but at for many years e best advice for employers has been to allow e request for a companion for ose employees who wish to be accompanied. If you're an employee affected by redundancies, by law your employer must consult you. is is even if you're not at risk of redundancy yourself. You'll usually have a face-to-face meeting wi your manager or e person leading e redundancy changes. Formal work-related meetings include disciplinary hearings, capability hearings, grievance hearings, redundancy & TUPE 1:1 consultation meetings, flexible working meetings, and all appeals. Employees do not enjoy e legal right to be accompanied at informal meetings, such as investigation meetings or welfare meetings. However, employers are at. Apr 16, · For an employee having to worry about being accompanied to a meeting at work usually means trouble. It can also spell trouble for an employer should it deny e worker at right in certain situations. Employees have a statutory right to be accompanied at disciplinary and grievance hearings and any subsequent appeal meetings (1). Your legal right to be accompanied. e law is clear. If you are to attend a Formal Meeting wi your employer on any issue regarding your employment – whe er it be a disciplinary, grievance, redundancy, performance, discrimination, sickness absence or harassment matter – your legal right to be accompanied is set out in Section of e Employment Relations Act 1999. e statutory right to be accompanied does not extend to legal representatives unless ey are also a colleague, ough contracts of employment should be checked in case ere is a contractual right . 14, · A redundancy consultation should involve at least two meetings wi e employee and must be a genuine attempt by e employer to engage wi its employee over e question of eir possible redundancy. Employers should not begin e redundancy process wi a fixed idea of who will be made redundant. 04, · at dismissal by reason of redundancy is not a disciplinary matter, so ere is no right of accompaniment when a meeting is held to inform employees at ey are at risk of redundancy. However, e right of accompaniment is likely to extend to e final meeting in e redundancy consultation process. Being made redundant - rights, statutory payments you're entitled to, notice periods and consultation, finding a job. ere is in fact no legal right to be accompanied to a redundancy consultation meeting. However, employers who deny eir employees e chance to be accompanied could in some circumstances be at risk of being found to have followed an unfair redundancy process. If you're planning to make 20 or more employees at e same workplace redundant wi in 90 days (large-scale or 'collective' redundancies), you must follow 'collective consultation' rules. is means you must consult any recognised trade union or if ere is not one, you must consult employee representatives. It is good practice to allow an employee to be accompanied to a redundancy consultation meeting by a work colleague or a trade union representative, but ere is no statutory right to be accompanied. It is also good practice to send a letter or email to e employee following each consultation meeting, confirming what was discussed. Special provisions govern e right to have a companion at a meeting. An employee does not have an absolute legal right to be accompanied to all e redundancy consultation meetings, but e best advice for employers is to allow e request for a companion for ose employees who wish to be accompanied. Republished (for technical reasons, wi out any changes): 23 ember .It is my understanding at technically, e right to be accompanied by a colleague or union representative does not apply to redundancy meetings as section of ERA 1999 only applies to a 'disciplinary or grievance' meeting. Do you have any fur er information on. You should be invited to at least 1 individual meeting wi your employer to discuss redundancy. Apart from your individual meeting ere isn’t a set process. Your employer still needs to have a clear process, but ere are no rules about what it should be. An employer must undertake individual consultation in all redundancy cases. However, where an employer proposes to make 20 or more employees redundant at one establishment over a period of 90 days or less, e employer has a duty to collectively consult ose employees. is means at e employer should. 22, · e statutory right to be accompanied does not apply to redundancy consultation meetings but is often offered in e interests of fairness (and should be offered at e final dismissal meeting). is should still be possible where consultation is being carried out remotely by allowing companions to join e call and, for example, allowing. 21, 2005 · It does not erefore automatically follow at an employee has e statutory right to be accompanied at a redundancy meeting held under e statutory dismissal and disciplinary procedure. is interpretation is consistent wi e EAT’s reasoning in Hea mill Multimedia ASP Ltd v Jones and Jones IRLR 856 EAT. we have announce a redundancy, and are about to start formal consultation. Despite rearranging e first consultation meeting several times due to e availability of eir representative, ey are now saying at ey are unable to attend as ey are suffering from anxiety about e situation. Rights & Responsibilities of Companions. All staff at are required or invited to attend a disciplinary or grievance hearing should be given e right to be accompanied at e formal meetings. e right is established in section of e Employment Relations Act 1999.In most cases, e companion should be someone from or associated wi e workplace – a colleague or a representative. ere is no automatic right for accompaniment/representation at one-to-one meetings related to redundancy or reorganisation. If we cannot attend wi you, consider taking a colleague as a witness and for support. You also be asked to attend group meetings - try . Acas have issued an updated Code of Practice following an appeal hearing about a worker’s right to be accompanied. e ACAS Code of Practice ch () was released after an appeal determined at if an employee makes a reasonable request to be accompanied to a disciplinary or grievance hearing, eir choice of who ey take does not also need to be considered reasonable by eir employer. Have you investigated whe er ere are any o er vacancies at have arisen? If so, do you have is information available to discuss at e meeting. (At e FIRST Consultation Meeting. Explain, where a matrix is used, e rationale behind e scores allocated to e employee. During is consultation, you have a legal right to insist upon being accompanied at meetings by a union representative – such as one arranged by WRS if you have not previously been a union member. Consultation must not be limited to merely telling you at you are being made redundant. It . e rules on collective consultation and individual consultation, do not state at ey have to be done face to face, just at it has to be done, erefore if necessary, Zoom, Teams, Skype etc. can be used to conduct ese meetings remotely. If your redundancy policy allows employees e right to be accompanied, you will still need to ensure. At e individual meetings, e employer should ask e employee for any suggestions at ey have to avoid redundancies. It is important at e employer does not prejudge e outcome of consultation meetings. it should give serious consideration to any . , · Following e group meeting, you’ll need to hold individual meetings wi everyone in your selected ‘pool’ to get eir initial reactions, ask for comments on e selection criteria, seek volunteers to leave on redundancy terms, and provide em wi an illustration of eir redundancy entitlements. ey have e right to be accompanied. 18, · It is assumed at you have already established at you have a valid ground for redundancy and at unfortunately, e business will close, or you can identify a clear reduction in work to be undertaken by employees. If ere is a genuine risk of redundancy, e Company could commence consultation whilst staff are furloughed. an initial meeting where your employer tries to find out what happened. Even ough you don’t have a legal right to be accompanied, you can ask your employer to let you bring someone wi you - but ey don’t have to agree to it. Who can accompany you. If you’re asked to go to a disciplinary meeting, you have e right to be accompanied by. 17, · Alternatives to redundancy. Consultation meetings. Redundancy – scoring employees. Concluding redundancy consultation. It is usual practice to allow e employee to be accompanied to e final consultation meeting by a colleague or union representative – ough as is is not a disciplinary procedure e Acas Code of Practice does not apply. It's good practice for employers to allow employees to be accompanied to redundancy consultation meetings by a colleague or trade union representative, but legally ere's no statutory right. Certainly it's wor while checking your organisation’s policies and procedures to see whe er ey normally permit employees to be accompanied. 21, · an appeal meeting relating to a ning or o er disciplinary action. ere is no right to be accompanied in investigation meetings or informal disciplinary meetings. However, employers need to be careful to ensure at such meetings do not lead to disciplinary action being taken as is would deprive workers of eir right to be accompanied. e employer will still need to select fairly employees for redundancy and follow a fair process. involving consultation wi employees. 5. Does an employee have a right to appeal against a ision to make em redundant or be accompanied to a redundancy consultation meeting? e right to be accompanied does not extend to redundancy consultation meetings and e right would only come into effect at e final meeting where e employee is being informed whe er eir employment will be terminated for redundancy. However, it is good employee relations practice and advisable to allow e employee to be accompanied by. Redundancy has become an all too depressing feature of e modern economic landscape. Globalisation, increased competition, technological change, government cuts have all contributed to e continuing tide of job losses. At least 9,000 workers lost eir jobs in e UK rough redundancy in . Redundancy affects not only individuals, but eir. You have informed ose individuals at ey are ‘at risk’ of redundancy and formally invited em to a first individual consultation meeting wi e right to be accompanied. A trained manager has scored each potentially redundant employee using e selection criteria and scoring guidelines. , · Ensure at all participants in virtual meetings have access to suitable equipment, such as a laptop or PC to facilitate e meeting. As mentioned in our previous briefing, employees have a statutory right to be accompanied by a work colleague or trade union representative at e final consultation meeting and e appeal meeting. Your right to consultation. Employers always have to consult wi employees before dismissing em on e grounds of redundancy. In short, your employer must tell you what’s going on and give you a chance to ask questions and raise objections. As part of e consultation process, employers have to: Consider alternatives to redundancy. 08, · Tips for heated redundancy consultation meetings – keep your shirt on By Gemma Finlayson on ober 8, Posted in Collective, Consultation, Redundancy Making staff redundant is a difficult and unpleasant part of any manager’s responsibilities, but you really don’t want to hear your employees baying A poil, à poil! (Off wi. 05, · Not recently, be, but examples we have seen include a record of e redundancy consultation meeting wi a Mr Witt headed Witt’s End , and e despairing end to e notes of a particularly contentious consultation meeting, God help us all . Not exactly demonstrative of an open mind, it might be said. Allowing e employee e right to appeal, hearing any appeal and allowing e employee to be accompanied at at hearing.. Acting wi out unreasonable or unnecessary delay. ere are, of course, specific collective consultation obligations involved when dismissing as redundant 20 or more employees wi in a 90 day period.