Disciplinary and grievance procedures - a guide for union reps (November 2021)

Chapter 3

The role of the companion

[ch 3: page 27]

The role of the companion in a disciplinary or grievance hearing is regulated by section 10 ERelA 99. It does not include answering questions directed at the worker, but the companion can present the worker’s case and respond on their behalf to any views expressed at the hearing.

It is important for reps to establish before any hearing what role the worker wants them to take, since this can vary from full representation to note taker and moral support.

Specifically, the companion can:

• put the worker’s case, including summing it up and responding to any views expressed at the hearing;

• confer with the worker during the hearing.

They cannot:

• address the hearing if the worker has indicated that they do not want them to;

• answer questions on behalf of the worker;

• prevent the employer explaining their case or stop someone else from contributing to the hearing.

These rules mean that the companion can seek to clarify anything that arises and ensure that the worker has a fair chance to understand the significance of what is being asked or said. They can also suggest an adjournment.


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