Your employer may have to let a family member support you at a disciplinary hearing.
“Failure to make reasonable adjustmentsChanges an employer must make under the Equality Act 2010 for a disabled employee, where without them the employee would be at a substantial disadvantage compared to non-disabled colleagues. What coun..., disability harassmentUnwanted behaviour related to a protected characteristic, such as your sex, race, disability, age or religion, that violates your dignity or creates an intimidating, hostile or humiliating environment..., direct discrimination, constructive dismissal”
A blanket companion policy can itself be discriminatory if it leaves a disabled employee without the support they need. Your employer has to look at what you actually need, not just apply the same rule to everyone regardless of disability.
- Explain clearly, and ideally in writing, why you need a particular person to accompany you and what they would help with.
- Write down what you asked for and how your employer replied. That record can matter if you end up disputing the decision down the line.
- If your employer refuses and the hearing could affect your job, get advice before the meeting rather than after.
The situation
An employee who had disclosed a history of panic attacks when she was hired later had an extended period of sickness absence. Her employer called her to a disciplinary hearingA formal meeting at which your employer sets out the allegation against you and gives you the opportunity to respond before any decision is made. You have the right to be accompanied by a colleague or... about that absence. She asked to bring her husband instead of the usual companion options, because he understood her condition and would know what to do if she had a panic attack during the meeting. Her employer refused, because its policy said a companion had to be a colleague or a trade union representative.
What the tribunal found
The tribunal held that the employer's companion policy put the employee at a real disadvantage compared with someone who did not have her disability, because no colleague or union representative on offer knew how to support her through a panic attack. Allowing her husband to attend instead would have caused the employer no real difficulty beyond a departure from its usual policy, so refusing was a failure to make a reasonable adjustment under the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a.... The tribunal also found related conduct during the process amounted to disability harassment and direct disability discrimination. Separately, it found the employee had been constructively dismissed.
Employment Tribunal, 2012