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Posted By Roger Bragg
I'm about to conduct an accident investigation involving a member of staff at our Manchester office.
I know that the member of staff is entitled to bring a representative to the meeting but I'm unsure as to the qualifying criteria for the representative. Can it be someone outside the company?
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Posted By Raymond Rapp
Roger
No, not normally. Check your company policy for clarification. If you have not got one then it is a matter of conjecture. As a rule, an employee representative is either a nominated trade union colleague or simply a work colleague of a similar grade.
Ray
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Posted By Andrew W
It should be either a union rep or a work collegue not an external person
Andy
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Posted By Jean
Roger
Is this part of an initial investigation to determine whether there is a case to answer eg. disciplinary etc? In which case it might be acceptable for her/him to have another person accompanying them. This may well be a relative. Try to remember that if this person is not part of a union, the fact that they are being investigated may result in their being 'ostracised' by their colleagues who may not wish to support them or be linked to an investigation.
Your organisation should have a clear HR policy with appropriate guidelines to be followed. HR will almost certainly be involved in this case.
In my experience of investigations, it is better to be seen as being supportive as possible in the initial stages. As it moves up the stage to disciplinary, you may want to seek advice from HR re accompaniment, and the individual concerned may wish to seek advice from a solicitor. The pendulum swings both ways! Speak to HR.
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Posted By Bob Youel
do not get mixed up re an employee's rep or an employee's friend as denying a friend as against a rep to attend and support a person would not look good - denying an employees rep does not need explanation
if things get out of hand i.e. private company info is being given away; stop the investigation at that point, explaining why and look for another route
external .V. internal: Again where an [alleged] injured person requires support it would not look good if an outside friend was not allowed to attend noting that all situations are different
regularly I have held part of an investigation in a persons home or neutral place -remembering to be focused & professional at all times -
in court situations holding parts of an investigation in a persons home went a long way to winning cases - I demonstrated best practice
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Posted By David-J-Jones
Is the member of staff the I.P., a witness or someone who is suspected as being implicated as at fault.
If it is the IP it may well be reasonable to have a relative with them dependant on the timescale since the accident and the extent of injury.Location is also important eg you cant refuse to allow their partner to be there if you meet them at their home.
If the person is a witness then a works colleague or union rep only would be appropriate.
If the person was involved then they may wish to bring a solicitor with them, or local full time union rep. in these cases it would be difficult to refuse allowing an approved and appropriate outside person.
Important factor is that the attending person is there to support and advise the person who is being interviewed not answer for them.
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Rank: Guest
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Posted By Roger Bragg
The member of staff is the injured person and was alone in the office so we also have lone working issues.
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