Paragraph 9 Right to be accompaniedI1

Northern Ireland

(1)

This paragraph applies where—

(a)

a meeting is held under paragraph 7 or 8; and

(b)

the employee reasonably requests to be accompanied at the meeting.

(2)

Where this paragraph applies, the employer must permit the employee to be accompanied at the meeting by one companion who—

(a)

is chosen by the employee;

(b)

is a worker employed by the same employer as the employee;

(c)

is to be permitted to address the meeting (but not to answer questions on behalf of the employee); and

(d)

is to be permitted to confer with the employee during the meeting.

(3)

If—

(a)

an employee has a right under this paragraph to be accompanied at a meeting;

(b)

his chosen companion will not be available at the time proposed for the meeting by the employer; and

(c)

the employee proposes an alternative time which satisfies sub-paragraph (4),

the employer must postpone the meeting to the time proposed by the employee.

(4)

An alternative time must—

(a)

be convenient for employer, employee and companion; and

(b)

fall before the end of the period of seven days beginning with the first day after the day proposed by the employer.

(5)

An employer shall permit a worker to take time off during working hours for the purpose of accompanying an employee in accordance with a request under sub-paragraph (1)(b).

(6)

Articles 92(3) and (4), 93 and 95 of the 1996 Order (time off for carrying out trade union duties) shall apply in relation to sub-paragraph (5) as they apply in relation to Article 92(1) of that Order.

Annotations

Commencement

I1: Sch. 5 para. 9 in operation at 1.10.2006 in so far as not already in operation, see reg. 1(1)