Special hearing arrangements


Reps should consider with the member whether to ask for any special arrangements for the hearing. Consider, for example:


• illness;


• disability; 


• new mothers, including breastfeeding;


• language difficulties for workers whose mother tongue is not English;


• inter-personal issues, such as worries about coming into contact with people from whom they should be kept apart.


Each case obviously depends on the particular requirements of the member but here are some general examples of possible reasonable adjustments to hearing arrangements: 


• a reasonable adjustment for a member on long-term sickness absence could be to hold the hearing at home, with frequent breaks and allowing a family member to sit in as an extra companion;


• a reasonable adjustment for a worker with severe migraines could be to agree to postpone a meeting at short notice;


• some medical conditions such as Chrohns disease or colitus require extra breaks, an understanding that the employee may need to leave the meeting quickly to use the toilet and ready access to facilities;


• for a worker with photosensitive epilepsy, it could be a reasonable adjustment to use a room with natural rather than fluorescent lighting; 


• for a worker with learning difficulties, a reasonable adjustment could be taking extra steps to make sure they have understood the issues and the possible outcome of the hearing. The Code of Practice on the Equality Act 2010 gives as an example of a reasonable adjustment for a worker with learning difficulties, allowing the worker to take a friend (who does not work with her) to act as her representative and ensuring the meeting is conducted in a way that does not disadvantage or patronise the worker (Equality Act Code of Practice, page 89);


• a reasonable adjustment for a member who stammers could include flexibility in choice of companion and extra time;


Other reasonable adjustments include: 


• organising for a worker’s disability support worker to attend the meeting;


• regular breaks to rest, and regular pauses to sum up;


• adjourning a meeting where an employee is obviously distressed;


• taking into account the side effects of any medication;


• providing occupational health support and taking into account occupational health advice. 


Employers should be encouraged to arrange disability and equality awareness training for managers, to make sure they understand what adjustments are needed to take into account the worker’s needs. Poor management styles can be particularly significant for workers with mental health issues. 


Where an employee is deaf, reasonable adjustments could include providing an interpreter and taking steps to make sure the employee understands the nature and seriousness of the case and the detailed allegations, is given adequate time to prepare and a full opportunity to state their case.