Posted By Alec Wood Hi Dee, Apalling conduct on the part of the manager, but not exactly uncommon. I assume that the company has no union or other representation of the workforce in any arena. We have no union here either, but we do have an elected works council and safety reps (RoES). I would suggest that the disciplinary procedure be studied carefully for a way out. Ours specifies accompaniment in much the same words as yours, but we also allow "the employee shall be allowed time to consult with his representatives (and witnesses) before the meeting and to gather such evidence as may be necessary". It also allows for either party to call for an adjournment of the meeting if points are raised for which they were not prepared. Your post reads as if the manager is instigating disciplinary proceedings against the employee without informing him of the substance of the complaints made against him. I would suggest that if the outcome of the meeting was to lead to a significant sanction against the employee, and it could be shown that the employee could have defended himself successfully against the accusations if better prepared, the company would be on shaky ground if it were to end up at tribunal. I would advise the employee to be very carefull about his choice of witness too. He really needs someone educated and articulate, not someone who's his mate. Tell him to keep records of everything said and done in a diary so dates can be remembered, including printouts of any emails sent and received in relation to this subject. These should be removed from the company on a daily basis for safekeeping. I always advise everyone to keep a diary at work, you never know when you may need it. The pendulum of power swung to far in the heyday of the unions and was rightly curbed, it's a shame that curb gave freedom to some unscrupulous employers who treat their staff like dirt. Alec Wood Samsung Electronics

Posted By jacq Hi there, try and get your hands on ACAS Code of practice 1, Disciplinary and grievance procedures. * Workers have a statutory right to be accompanied by a fellow worker or trade union rep. where they are required or invited by their employer to attend certain disciplinary/grievance procedures and when they make a reasonable request to be so accompanied. * The statutory right applies to all workers. * The statutory right to be accompanied applies specifically to hearings which could result in; 1) the administration of a formal warning 2) the taking of some other action (suspension, demotion, dismissal) 3) the confirmation of a warning issued or some other action taken (2) * If the employer fails to allow a worker to be accompanied at a disciplinary/grievance hearing or fails to re-arrange a hearing at a reasonable date proposed by the worker when a companion cannot attend on the date originally proposed, the worker may present a complaint to an employment tribunal. If the tribunal finds in favour of the worker, the employer may be liable to pay compensation uf up to 2 weeks pay as defined in statute (Chapter II of part XIV of the Employment Rights Act 1996 Hope this helps Jacq

Posted By Geoffrey Is this H&S or HR? Reason I mention it is that you might not get the best advice on this site for non H&S matters.