Labour Research July 2003

Features: Law queries

Disciplinary procedures

Two of my members were issued with informal oral warnings that are now held on their files. In neither case were they allowed to bring a rep or a companion to the hearing. Our employer argues that there is no obligation to allow a companion since the warning was informal.

If informal oral warnings are held on file, they effectively become the first stage in the disciplinary procedure. In that case they actually serve as formal oral warnings and so there is a right to have a companion in attendance.

* More information: London Underground v Ferenc-Batchelor [2003] IRLR 252