Who can I take into a disciplinary hearing

[Budlet]

I was due to attend a disciplinary hearing today, but due to it only being a small company I felt it would not be appropriate to have a work colleague with me (apparently I had been 'bad mouthing' my boss to one of my colleagues but she will not tell me who it is). My brother who is an HR officer has offered to come to the meeting with me, but I have been told that he is not allowed to. My contract states who I CAN take in but not who I CAN'T. Can he accompany me? Thanks in advance for your replies.

[bednobs]

if your contract stipulates who you can take with you, then i would take that to mean that other persons who are not stipulated can't go.

[brenda]

What sort of people can you take with you ?

[craft1948]

If it's an internal disciplinary hearing you can only take someone employed by the company I would have thought. Where I worked this was a colleague or union representative.

[Androcles]

In situations where the contract limits who you can take in, it often, as craft says, mentions another employee or staff rep (union or otherwise). Being a devil's advocate, how about asking somebody senior in the company, (but not your bosses boss as they may be your appeal route) , but the equivalent from the management team. That usually concentrates the mind of the person bringing the disciplinary - washing dirty linen etc!

[saxy_jag]

ACAS states that it can be a fellow employee, a trade union official or a workplace trade union rep. However, it goes on to state that some workers are given the right to be accompanied by other people, such as a spouse or legal representative - but this is a contractual matter between you and your employer.

If the person being disciplined has a disability, then the employer is expected to make 'reasonable adjustment' should they need a support worker.

And you can ask for representation by a union official even if you're not a member of that (or any) union.

[Rev Sermon]

More of an aside than an answer to your question, if the hearing doesn't go in your favour be sure to appeal and in writing. If the situation was to deteriorate this can make a difference if you were to put in an appeal for unfair dismissal as it is evidence for constructive dismissal rather than faults on your part.

A second aside "is bad-mouthing the boss" really a disciplinary matter. I know I do it often enough and my boss is aware of it because I don't believe in saying things behind someone's back that I won't say to their face. I suppose it depends on what your saying and the personalities involved.