Can you have a note-taker in employment dispute meetings who are not union/employees?

Question

Can you have a solicitor or other person present in employment dispute meetings at work during the grievance process who are not members of the union or employees of the company.

This is in the United Kingdom.

So how can i legally onvince my employer to let me have an independent note-taker - something i can quote from Law? Because they will not accept an independent not taker at all unless i can prove it's allowed by UK Law.

Answer 1

yes, it can be absolutely anyone of your choice.

Answer 2

Quite a few of the answers here so far are incorrect. See Acas:

http://www.acas.org.uk/index.aspx?articleid=917

You only have the specific right to be accompanied by either a colleague or trade union representative. This obviously causes problems for many employees who work in small companies and are not members of unions. There's not many ways around this. Sometimes, if particularly unusual circumstances exist (more than I've just described) it might be a requirement to allow you someone else to attend to preserve the fairness and natural justice of the process. This might be because there's already proven evidence that events in previous meetings have been falsified.

Your representative at the meeting may take notes, and address the meeting on your behalf. They cannot disrupt the hearing, prevent you speaking, or answer questions on your behalf. In any case you should request that someone from their side (eg HR) attend to take notes.

A controversial suggestion is to surreptitiously record the meeting (by leaving a digital dictaphone running inside a bag / pocket). Do not tell your employer you are doing this, and simply keep it in reserve in case they try to lie about the contents of the meeting later. You can then produce the recording to refute what they are saying. Tactically, you shouldn't produce the recording until there are clear and definite attempts by your employer to misrepresent the content of the meeting, and you've already asked them to change their version.

Surreptitious recordings of disciplinary meetings are admissable in the Employment Tribunal (but not the subsequent secret deliberations of the panel):

http://www.omm.com/webdata/content/publications/client_alert_UK_employment_2006_11_15.htm#4

Answer 3

What I believe and this happened to me is that the person you take with you can make notes. They can ask questions to clarify points they are not sure on. They can not ask questions like a solictor would. Both sides normally take notes which are exchanged later. You can ask questions and I advice this you do and that you take advice beforehand. Unfortunatly in most cases the company has already made it's mind up and is only following procedure to get rid of you. I worked for a company that did this all the time. In 20 years of working I saw 2 grievence procedures before starting with this company and around 20 in the next five years! Being employed can be hugely unfair and I won't go into my life story here. I will just wish you good luck, don't get too bitter and start looking elsewhere.

Answer 4

As far as I understand the law, no - you are entitled to be accompanied only by a trade union official or by a colleague. Of course you can have anyone you like present provided that the employer agrees, but they are only obliged to allow union rep or colleague.

See attached guide from Citizens Advice

Answer 5

I insisted in one, and it was allowed. But I'm an American. The problem is that the opposing party can just refuse to speak. I would insist in it if your problem is severe and you have a question of loyalty with the union. Your employer has an agenda,but most don't realize, the union has an agenda as well. In my case we could her my personal representative. You could also have a lawyer, and their not a union rep either.

Answer 6

Yes you can have who ever you want present, however you must remember they are there as observers only and cannot contribute to the proceedings.

Answer 7

Yep