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dismissal appeal representative


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My husband has been dismissed for gross misconduct and has appealed against this decision. He is not in a trade union and does not have a work colleague that he trusts to attend the hearing with him. We have a friend who is a HR manager for one of the big uk banks and he has offered to attend the appeal with my husband. Can the employer refuse to let him attend with my husband?

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yes, the employer can refuse. the law says collegue or rep.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes, we have read that, seems crazy to have such restrictions though. One of his colleagues made the allegation against him but he doesn't know who, so he is now paranoid and doesn't trust anyone . I guess we can only ask them to let someone else attend with him and hope they agree. Doubt they will though! Doesn't seem fair on the appellant at this stage. As he is very distressed and anxious it puts him at a disadvantage as he'll have to go in alone.

It pretty much forces us to the tribunal oute if he doesn't feel able to stand up for himself at another hearing.

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Yes, we have read that, seems crazy to have such restrictions though. One of his colleagues made the allegation against him but he doesn't know who, so he is now paranoid and doesn't trust anyone . I guess we can only ask them to let someone else attend with him and hope they agree. Doubt they will though! Doesn't seem fair on the appellant at this stage. As he is very distressed and anxious it puts him at a disadvantage as he'll have to go in alone.

It pretty much forces us to the tribunal oute if he doesn't feel able to stand up for himself at another hearing.

 

There is no harm in asking. They don't have to allow it legally, but sometimes employers are more lenient. He has nothing to lose by asking. His employer may object to an HR professional going though, rather than a lay person!

 

It would be worth your husband detailing the exact reasons why he is requesting an alternative companion - every employee in his situation will be equally as distressed, so he will need to put forward a more compelling reason.

 

Incidentally, if an allegation has been made, your husband should be told who made that allegation. It is far more difficult to defend yourself on the back of an anonymous allegation! I appreciate that its a side point to your query but worth challenging nonetheless.

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