ACAS has launched a consultation on a revision to the Discipline and Grievance Code of Practice.ACAS is seeking views on a change to those parts of the Code of Practice relating to the legal right
ACAS has launched a consultation on a revision to the Discipline and Grievance Code of Practice.
ACAS is seeking views on a change to those parts of the Code of Practice relating to the legal right workers have to be accompanied at a disciplinary or grievance hearing. This has come about as a result of the EAT decision in Toal and another v GB Oils Ltd, which suggested that the Code did not accurately reflect the law on the statutory right of accompaniment. In Toal, the EAT determined that if a worker has been invited to a disciplinary hearing then, provided they have made a reasonable request to be accompanied to the hearing, they have the right to chose whoever they like as a companion provided the companion is a fellow worker or trade union representative i.e. it is the request to be accompanied that must be reasonable and not the worker’s choice of companion.
ACAS is inviting comments on the following proposed wording and also on what 'making a reasonable request' might or might not involve.
"To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case, although workers are free to choose any fellow worker, trade union representative or official as set out in paragraph 14 (or 35) as a companion. In making their choice, however, workers should bear in mind the practicalities of the arrangements. Thus, it may neither be sensible nor helpful to request accompaniment by a colleague from a geographically remote location when someone suitably qualified is available on site; nor to be accompanied by a colleague whose presence might prejudice the hearing or who might have a conflict of interest. A request to be accompanied does not have to be in writing or within a certain time frame but workers should consider how they make their request so that it is clearly understood and provides enough time for it to be considered by their employer."
The deadline for comments is midnight on Tuesday 7 January 2014.
ACAS is seeking views on a change to those parts of the Code of Practice relating to the legal right workers have to be accompanied at a disciplinary or grievance hearing. This has come about as a result of the EAT decision in Toal and another v GB Oils Ltd, which suggested that the Code did not accurately reflect the law on the statutory right of accompaniment. In Toal, the EAT determined that if a worker has been invited to a disciplinary hearing then, provided they have made a reasonable request to be accompanied to the hearing, they have the right to chose whoever they like as a companion provided the companion is a fellow worker or trade union representative i.e. it is the request to be accompanied that must be reasonable and not the worker’s choice of companion.
ACAS is inviting comments on the following proposed wording and also on what 'making a reasonable request' might or might not involve.
"To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case, although workers are free to choose any fellow worker, trade union representative or official as set out in paragraph 14 (or 35) as a companion. In making their choice, however, workers should bear in mind the practicalities of the arrangements. Thus, it may neither be sensible nor helpful to request accompaniment by a colleague from a geographically remote location when someone suitably qualified is available on site; nor to be accompanied by a colleague whose presence might prejudice the hearing or who might have a conflict of interest. A request to be accompanied does not have to be in writing or within a certain time frame but workers should consider how they make their request so that it is clearly understood and provides enough time for it to be considered by their employer."
The deadline for comments is midnight on Tuesday 7 January 2014.