My Employer is Denying Me a Union Representative in My Redundancy Meeting. What Are My Rights?

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by

Sean Curran
in

If you are stuck in such a situation, here is what to do.

Mr. Ajay Sharma is an employee at “Apex Digital Solutions,” a large tech firm based in Bristol. The company recently announced a significant restructuring, placing over 100 employees, including Mr. Sharma, at risk of redundancy. As part of the process, individual consultation meetings were scheduled. Mr. Sharma, a member of the “Tech Workers’ Union,” requested to have his union representative accompany him to his consultation meeting. However, the company’s Human Resources department sent a blanket email stating that representatives would not be permitted in these individual meetings, claiming they were for informational purposes only. Mr. Sharma is now concerned that this refusal is not only unfair but potentially unlawful, and seeks to understand his legal standing.

Advice in such cases

In the United Kingdom, the law provides specific rights to employees in situations that could lead to dismissal. A redundancy consultation is precisely such a situation. While some employers may argue it is not a formal disciplinary hearing, the potential outcome—termination of employment—brings it within the scope of statutory protections. The refusal to allow a trade union representative or a colleague to accompany you can be a breach of your statutory rights and could also render any subsequent dismissal unfair.

  • You should formally put your request in writing to your employer, citing your statutory right.
  • Clearly state who you wish to accompany you, whether it is an official from your trade union or a workplace colleague.
  • Keep a detailed paper trail of all communications regarding this request and the company’s response.
  • If the employer maintains their refusal, you can raise a formal grievance.
  • Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The legal framework in the UK is primarily governed by the following statutes:

  • Employment Relations Act 1999 (Section 10): This is the cornerstone of your right. It gives a worker the right to be accompanied by a fellow worker or a trade union official at a formal disciplinary or grievance hearing. Case law and ACAS guidance have established that meetings where dismissal is a potential outcome, such as a redundancy consultation, fall under the remit of this right.
  • Employment Rights Act 1996: This Act governs the law on unfair dismissal. For a redundancy dismissal to be fair, an employer must follow a fair procedure. A refusal to allow an employee to be accompanied can be a significant factor for an Employment Tribunal to consider when determining the overall fairness of the dismissal procedure.
  • Trade Union and Labour Relations (Consolidation) Act 1992: As more than 20 employees are being made redundant, the employer has a duty to consult collectively with a recognised trade union or elected employee representatives. While your issue concerns an individual meeting, this Act sets the broader context for the employer’s obligations.

If you are the complainant

As the employee whose rights are being potentially infringed, you should take proactive and documented steps:

  • Send a formal letter or email to your HR department and your direct line manager. In it, state: “I am writing to formally request to be accompanied at my individual redundancy consultation meeting by [Name of Representative], who is an official of [Name of Union] / a workplace colleague, in accordance with my statutory right under Section 10 of the Employment Relations Act 1999.”
  • If they refuse, send a follow-up communication expressing your disappointment and stating that you believe this to be a breach of your statutory rights which undermines a fair consultation process.
  • Attend the meeting anyway, but state clearly at the beginning that you are attending “under protest” due to the denial of your right to be accompanied. Take detailed notes.
  • Contact your trade union immediately for their official intervention and support.

If you are the victim

If the company has denied your request and the process is moving forward, you are now a victim of a flawed procedure. Your focus should shift to remedy and recourse:

  • Raise a formal written grievance with your employer about the denial of your right to be accompanied. This creates a formal record and gives the company a chance to rectify its error.
  • If you are ultimately dismissed, the refusal to allow a companion will form a key part of any potential claim for unfair dismissal at an Employment Tribunal.
  • You can also bring a separate claim to an Employment Tribunal specifically for the breach of the right to be accompanied. If successful, a tribunal can award compensation of up to two weeks’ pay.
  • Gather all evidence, including emails, letters, and notes from meetings, as this will be crucial for any future legal action.

How Employers and ACAS Behave in Such Cases

Employers may refuse this right for several reasons, sometimes from a misunderstanding of the law, believing redundancy is not “disciplinary.” In other cases, it may be a deliberate tactic to control the process. A well-advised employer, however, will almost always grant the request to avoid the risk of an unfair dismissal claim. ACAS (the Advisory, Conciliation and Arbitration Service) provides a Code of Practice that, while not legally binding, is highly influential in tribunal decisions. The ACAS Code supports the right to be accompanied in situations that could lead to dismissal. Before you can make a tribunal claim, you must notify ACAS to explore ‘Early Conciliation,’ where they will act as an impartial mediator to try and resolve the dispute without a formal hearing.

FAQs people normally have

  • Can my companion be a solicitor or a family member? The statutory right is specific: it must be a colleague, a trade union representative certified by their union as competent to accompany a worker, or an employed official of a trade union. There is no statutory right to be accompanied by a solicitor or family member, although an employer may permit this at their discretion.
  • What can my companion do in the meeting? Your companion can address the hearing to put your case forward, sum up your case, respond on your behalf to any view expressed at the hearing, and confer with you during the hearing. They cannot, however, answer questions on your behalf.
  • What if I am not in a union? You still have the right to be accompanied by a workplace colleague.

What evidence is required?

To challenge your employer’s decision or bring a claim, you will need to gather clear evidence:

  • The letter or official communication placing you at risk of redundancy.
  • A copy of your written request to be accompanied.
  • The employer’s written refusal (e.g., an email or letter). If the refusal was verbal, make a detailed, dated note of the conversation.
  • Any company policies or handbooks detailing redundancy or disciplinary procedures.
  • Your contract of employment.
  • Notes from any meetings you attended, particularly noting your protest at being unaccompanied.

How long will the investigation take?

The timelines can be broken down into stages:

  • Consultation Period: For redundancies affecting 100 or more employees, the statutory collective consultation period must begin at least 45 days before the first dismissal takes effect. Individual consultations happen within this timeframe.
  • Grievance Process: If you raise a formal grievance, your employer’s own policy will dictate the timeline, but it typically takes two to four weeks to conclude.
  • Employment Tribunal Process: Should you be dismissed and decide to make a claim, the process is much longer. After initiating ACAS Early Conciliation (which can last up to six weeks), lodging a claim and waiting for a final hearing at an Employment Tribunal can often take between 9 to 18 months.

Advocate Sudhir Rao, Supreme Court of India

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