Opportunities in the Right to be Accompanied

The person chosen to accompany a worker does not have to be employed by the same employer, and no union recognition is necessary for a worker to ask to be accompanied.

However, the Act requires that trade union representatives providing accompaniment must be "reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings".

The ACAS code of practice notes that, "accompanying a worker at a disciplinary or grievance hearing is a serious responsibility and it is important therefore that trade unions ensure their officials are trained in the role.  Even where a trade union official has experience of acting in the role there may still be a need for periodic refresher training." 

ACAS suggests that trained representatives could receive a card or letter stating that they had been certified by the trade union as being capable of fulfilling the role of a worker's companion.

According to legal advice, existing accreditation as a UNISON official under the Trade Union and Labour Relations (Consolidation) Act 1992 will not meet the requirements of ERA.  To be "reasonably certified" as a Workers Companion, the UNISON official will have to have had either experience or training in accompaniment at grievance/disciplinary hearings.  UNISON is developing a two-stage accreditation process, with refresher courses for existing stewards.

Any new accreditation and training processes must be seen as an opportunity to strengthen and extend steward networks at branch and workplace level. Branches should also consider where the ability to accompany a worker in a  non-recognised workplace could provide an organising opportunity.