Disciplinary meetings usually occur when an employee is to be dismissed, know your rights about having a support person
Disciplinary meetings are serious meetings between an employer and employee. They usually relate to the employee’s potential dismissal.
Here are some answers to common questions we are asked by clients in regards to a support person who may accompany an employee during a disciplinary meeting:
Does an employer have an obligation to offer a support person to an employee during a disciplinary meeting?
The obligation isn’t to offer a support person, it is to not unreasonably refuse if an employee requests to bring a support person. That being said, it is seen as best practice and fair process to offer a support person for the meeting. It also means that an employer can refuse a support person in certain circumstances, for example where the support person is inappropriate (see below), or for routine meetings such as annual appraisals.
Who can an employee bring as a support person?
The person might be a friend, family member, mentor, union representative or a lawyer (in certain circumstances). The support person should not be someone who might be a witness, or a co-worker. If there any restrictions about a choice of support person, these should be highlighted prior to the disciplinary meeting to ensure that the party that is attending is appropriate given the situation.
What is the role of a support person?
To offer support, such as helping the employee to take notes, formulate what to say, clarify questions or assist them in discussions. Their role during the meeting should only be to the extent that their input does not overly disrupt the meeting. The support person cannot act as an advocate, and cannot speak on the employee’s behalf.
Can an employee delay a meeting to have their preferred support person?
If the meeting is not urgent, a short delay should be allowed. If, however there is a lengthy delay requested or the meeting is urgent, an alternative person should be arranged.
If you need further advice, please get in touch with us.
