Representation in Consultation Meetings

Good Afternoon,

My partner is currently going through her redundancy consultations and has asked me to respresent her in the meetings.

I was present for her 2nd meeting where the HR co-ordinator said two or three times, before correcting herself, that my partners role has been selected for redundancy, in part, due to her part time working hours.

I knew this was discrimination and made sure that it was placed in a set of minutes from the meeting that I took. A copy was distributed for all parties to sign which they have refused to do, saying they don't believe they offer a true reflection of the meeting, but have not given specific areas that this applies to. I have written asking for them to clarify this and am awaiting a response

We both work for the same employer and they have now said, that even though i have already represented her in one meeting, she needs to put the request for me to represent her down in writing, and that they have the right to refuse this request. Is this correct?

We will be appealling against the decision based on the ground of discrimination, when it is finalised, which seems 99.9%certain, but in the mean time any help or advice you can offer would be greatly appreciated

Many Thanks

Will

Hi Will

Your partner has a statutory right to be accompanied by a fellow worker at a meeting which could result in her dismissal and at an appeal meeting. The statutory right does not apply to consultation meetings, but some employers will allow workers to be accompanied even so. Of course, if there is a contractual right for her to be accompanied, that should be applied (you may need to check any staff handbook and/or the contract of employment to see if that is the case here).

I am not sure from what you have written if the next meeting to be arranged is one which will trigger the statutory right (ie if it will be the meeting at which she is formally notified that she is definitely being made redundant or the appeal). If so, I think the employer will struggle to legally deny your partner being accompanied by you as a fellow worker. As long as your partner has made a "reasonable request" to be accompanied, the employer should allow it - now they may be able to argue it is not a "reasonable request" if there are some extenuating circumstances, so I suggest your partner ask the employer what their reason is for denying this statutory right.

It sounds like your employer could be on a sticky wicket if the reason for selection is that your partner works part-time. As you have already identified, that is unlawful discrimination.

I hope that is of some help. Good luck.

Pete