>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
Does the right to be accompanied apply at a meeting to discuss an occupational health report?
An employee has a statutory right to be accompanied (by a trade union representative or a fellow worker) at a "disciplinary meeting" which is defined as a meeting that could result in a formal warning being issued to a worker by the employer; the taking of some other action in respect of a worker by the employer; or the confirmation of a warning or some other action.
Meetings merely to discuss a medical report would not usually call for accompaniment but if it is likely (or becomes clear during the course of a meeting) that a formal warning or dismissal could result, the meeting should be ended and a formal hearing arranged at which the worker will have the right to be accompanied.
In any event, it is generally good practice for employers to afford this right. It will be in the employer's interests if the employee has been given the best opportunity to state their case, and this will help establish procedural fairness should the matter ultimately result in dismissal.
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