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Acas Code and Guidance revised

May 19, 2015
Parliament has approved amendments to the new Acas Code of Practice on Disciplinary and Grievance Procedures that came into force on 11 March, 2015.


The Employment Relations Act 1999 (ERelA) states that workers attending formal disciplinary or grievance meetings may make a reasonable request to be accompanied at the hearing by a fellow worker, trade union representative or official.

The new Code clarifies that the reference to a ‘reasonable’ request applies to the making of the request not to the worker's choice of companion. As such, a request made five minutes before a meeting for accompaniment by a companion located 250 miles away probably would not be reasonable. However, as long as the request is made reasonably, there is nothing stopping an employee from choosing any companion from the statutory categories: a colleague or a suitable union official. Therefore, it appears there is little an employer can do to prevent a particularly difficult or disruptive companion attending a meeting where a request is made reasonably. However, the ERelA does limit the scope of a companion’s involvement in a meeting. The new Code also confirms that a worker may change their chosen companion if they wish.

Acas has also amended its non-statutory guidance booklet to reflect what has been best practice for some time. The guidance now confirms that employers may allow workers to be accompanied by companions who do not fall within one of the three statutory categories. The guidance goes on to say that the duty to make reasonable adjustments for disabled workers may even require this. For example, it may be reasonable for a vulnerable adult to be accompanied by a parent or a support worker. 

Information courtesy of Paul Mander, Penningtons Manches LLP.

Photo:  Paul Mander

 

Paul Mander is a Partner and Head of Employment at Penningtons Manches. 

Paul is Head of Penningtons Manches’ employment law team. He advises on a broad range of contentious and non-contentious employment and partnership matters and is recognised in particular for his expertise in restrictive covenant and injunction issues. Paul is experienced in all forms of employment litigation, both in the High Court and tribunals, as well as boardroom disputes, discrimination (in employment and partnership), TUPE matters and outsourcings. He is recognised as a leader in his field by both Chambers Guide to the UK Legal Profession and The Legal 500.

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