The statutory right be to accompanied to a disciplinary meeting, does not apply to performance review meetings that will not result in formal action.
However, if the poor performance meeting could result in formal disciplinary action being taken against the employee – such as a formal warning or other disciplinary sanction, then the employee will be entitled to be accompanied at the meeting and if the statutory right to be accompanied applies, then the employee is entitled to be accompanied by a fellow employee or trade union official.
Where special circumstances exist, such as the employee has a disability, or is particularly anxious or stressed by the situation, the employer should consider allowing the employee to be accompanied to the meeting, regardless of whether or not formal action may result and the statutory right applies. In these circumstances, an employer that does not allow an employee to be accompanied may be found by an Employment Tribunal to have failed to make a reasonable adjustment under the disability discrimination provisions of the Equality Act 2010.
If you’d like further information or to book an HR consultation please contact Karen Scott on 07762 629 448 or get in touch by clicking here.
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