BOROUGH OF POOLE
AVOIDANCE OF COMPULSORY
REDUNDANCY PROCEDURE
for the following groups of employees
LOCAL GOVERNMENT SERVICES EMPLOYEES,
SOULBURY EMPLOYEES AND SERVICE UNIT HEADS
Subject: Avoidance of Compulsory Redundancy Procedure
Document Type: Policy Page 1 of 17 Authorised by: Mike Macdonald
Effective Date: 1 October 2009 Version 3 Next Review: TBA
CONTENTS
Paragraph Page
1. Introduction 3
2. Scope of the Procedure
3. Redundancy Defined
4. Representation
5. Redundancy Procedure Flowchart 5
6. Stage 1 Notification of need to reduce workforce 6
7. Stage 2 Consultation 6
7.1 Purpose
7.2 Scope
7.3 Officer Roles
7.4 Timescales
7.5 The Secretary of State
7.6 Written disclosure to Trade Unions
8. Stage 3 Employee Consultation 7
8.1 General Meeting
8.2 Individual Meeting
9. Stage 4 Consideration of voluntary solutions 8
10. Stage 5 Declaration of a compulsory redundancy 9
situation and application of the selection criteria
Women on Maternity Leave
11. Stage 6 Individual Dismissal Meeting 10
12. Stage 7 The period of notice 11
13. Stage 8 Appeals Procedure 12
14. Stage 9 Consideration of Redeployment 12
15. Trial Periods 13
16. Time off with pay to seek alternative employment 14
17. Support Services 14
Appendix 1 Special Provisions 15
Appendix 2 Right to be Accompanied 17
1. Introduction
The Borough of Poole is committed to ensuring, in so far as reasonably practicable, the job security of all employees, as reflected in its excellent record in avoiding compulsory redundancy.
In accordance with the best practice principles promoted by the Advisory Conciliation and Arbitration Service (ACAS), and supporting the principle of full consultation with the appropriate Trade Unions, the Borough will, when needing to instigate the avoidance of compulsory redundancy procedure:
(a) Give as much warning of the need for redundancies as possible;
(b) Consult with any recognised trade union in an attempt to avoid or minimise the need for redundancies;
(c) Where a redundancy is unavoidable, to achieve it fairly and seek to minimise hardship;
(d) Look for alternatives to dismissal where this is practicable;
(e) Establish in consultation with employee representatives the selection criteria for redundancy and how these will be applied;
(f) Ensure that the criteria are fair and objective.
The Borough of Poole recognises the rights of employees and the obligations of employers established by the relevant legislation.
2. Scope of the Procedure
This procedure is applicable to all Local Government Service employees, Soulbury employees and Service Unit Heads.
If adopted by Governing Bodies this procedure will also apply to school-based employees, other than teaching staff for whom separate arrangements apply.
The procedure does NOT apply where the contract of employment of one or more employees is to be transferred in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006. Separate procedures apply to these situations.
Separate guidance exists for the termination of fixed term workers early or at the end of their contract covering consultation requirements, redeployment and eligibility for redundancy pay. The application of this procedure to fixed term workers may apply where agreed with the Trade Unions that the circumstances warrant it.
There is also separate guidance on "Re-organisations and Re-structuring" where no redundancies are intended.
3. Redundancy Defined
The Employment Rights Act 1996 provides that an employee is dismissed as redundant if the dismissal is attributable wholly or mainly to the fact that:
a) their employer has ceased, or intends to cease, to carry on the business for the purpose of which the employee was employed, or has ceased, or intends to cease, to carry out that business in the place where the employee was so employed;
b) the requirements of that business for employees to carry out work of a particular kind or to carry out work of a particular kind in the place where they were so employed has ceased or diminished or are expected to do so.
Redundancy may therefore occur where it is proposed to:
a) reduce the workforce of an establishment or service;
b) re organise a service unit, section or job involving changes in the nature of work, location or hours;
c) allow a fixed term contract to expire without renewal.
Where a re-organisation is not likely to result in the above, reference should be made to the Council's guidance on "Re-organisation or re-structuring in service units: process for appointing staff to posts" (see Employee Handbook).
4. Representation
References in this procedure to Heads of Service Units or Union officials may include their authorised representatives. Heads of Service will normally be personally involved with the implementation of this procedure within their Service Unit where this is necessary. A Strategic Director will also assume this role in the event of a Service Unit Head being affected by the procedure. Reference to the Head of Human Resources will include his/her authorised officer.
5. REDUNDANCY PROCEDURE FLOWCHART - AT A GLANCE
Resolved Not Resolved
PROCEDURE FOR DEALING WITH POTENTIAL REDUNDANCIES
The procedure that follows outlines the steps to be taken in a potential redundancy situation.
6. Stage 1 - Notification of need to reduce workforce
Where the possibility of redundancies arises the Head of Service Unit concerned will immediately notify the Head of Human Resources and the appropriate recognised Trade Unions.
7. Stage 2 - Consultation
7.1 Purpose
Consultation with the appropriate trade unions must take place where the Council is considering dismissing as redundant one or more employees.
Consultation will be entered into at the earliest opportunity to allow the fullest possible investigation of the various alternatives to redundancy and will provide maximum reasonable time for the employees at risk to find other employment.
Consultation will continue through all stages of the procedure.
7.2 Scope
The consultation shall include consultation about ways of:
a) avoiding the dismissals;
b) reducing the number of employees to be dismissed, and
c) mitigating the consequences of the dismissals.
Due regard will be paid to the requirements of the Information and Consultation of Employees Regulations 2004.
7.3 Officer roles
The Head of Human Resources, or his/her representative, will be responsible for arranging the initial consultation with the recognised Trade Unions through the officers designated by them.
Subsequent consultations will be undertaken jointly by the Head of Human Resources, or his/her representative, the Head of Service Unit of the unit concerned and the recognised Trade Union officials.
A reference to the Joint Information and Consultative Committee may be made at any time by mutual agreement. Any meeting arising from this agreement will where practicable be initiated within 7 working days.
7.4 Timescales
Consultation needs to take place as soon as practicable and in any event not later than the following timeframe:
Where it is proposed to dismiss as redundant up to 9 employees at one establishment within 30 days or less, consultation must begin at least 14 days before the first dismissal takes effect
Where it is proposed to dismiss as redundant between 10 and 99 employees at one establishment within 30 days or less, consultation must begin at least 30 days before the first dismissal takes effect
Where it is proposed to dismiss as redundant 100 or more employees at one establishment within 90 days or less, consultation must begin at least 90 days before the first dismissal takes effect
7.5 The Secretary of State
The Head of Human Resources will be responsible for notifying the Secretary of State for Business, Enterprise and Regulatory Reform where it is proposed to dismiss as redundant 20 or more employees, ensuring that the minimum notification periods (30 or 90 days as appropriate) are complied with.
7.6 Written disclosure to Trade Unions
Following discussion with the Head of Service Unit concerned, the Head of Human Resources will write to the appropriate Regional Trade Union Officers and Branch Secretary / Secretaries setting out the following information:
a) reason(s) for proposed redundancies;
b) the numbers and descriptions of the employees whom it is proposed to dismiss;
c) the total number of employees of each description employed at the establishment;
d) the proposed method of selecting the employees who may be dismissed;
e) the proposed method of carrying out the dismissals with due regard to agreed procedure, including the period over which the dismissal(s) will take effect;
f) the proposed method of calculating any non-statutory redundancy payment.
If it is not possible to supply all the information at this stage, subsequent information should be provided as soon as it becomes available.
If the recognised Trade Unions, in reply to the Head of Human Resources' provisional notices informing them of the proposed redundancies, or indeed at any time during the redundancy process, suggest in writing alternative ways of dealing with the situation then the Head of Human Resources will ensure that the suggestions are given serious consideration and will where practicable reply to them within 10 working days giving reasons for accepting, modifying or rejecting any of them.
8. Stage 3 - Employee consultation
As soon as Trade Union consultation has been initiated all employees 'at risk' should be addressed collectively (see General Meeting section) and/or individually where no group is involved (see Individual Meeting section).
The Head of Service Unit will write to all employees likely to be affected, advising them that they may be at risk of redundancy and invite the employee to attend a general or individual meeting as appropriate to discuss the situation. The Council's aim to avoid redundancy should be stressed.
8.1 General Meeting
The Head of Service Unit will arrange a meeting with the affected employees. The Head of Human Resources will be represented at the meeting. Specialist advice on pensions will be available for employees who request this. Trade Union representatives will also be invited to attend.
At the meeting employees and their representatives will be advised of:
a) the need for potential redundancies;
b) the scale of redundancy potentially necessary and the categories of employees who might be affected;
c) the process by which any redundancy is to be achieved including proposed timescales;
d) measures aimed at averting/minimising compulsory redundancy;
e) the wish to consider voluntary solutions and the range of solutions which may be available (see stage 4).
8.2 Individual Meeting
All affected employees will be given the opportunity to also meet with a representative of the Head of Human Resources and be accompanied at that meeting by a Companion. A Companion must be either a trade union representative or another employee at the Borough of Poole (see Appendix 2). The purpose of this meeting will be to discuss with the employee at risk:
a) the opportunities for redeployment taking account of the employees skills, qualifications and experience;
b) if appropriate, whether the employee wishes to volunteer for redundancy;
c) the estimated entitlement to redundancy and pension benefits;
d) any queries relating to work or domestic situation.
In some cases it may be appropriate to provide specialist support by outplacement services. This can be arranged by agreement with the appropriate Head of Service and the Head of Human Resources.
9. Stage 4 - Consideration of voluntary solutions
The Head of Service Unit, in conjunction with the Head of Human Resources, will fully explore the availability of any alternatives that may avoid or reduce the need for compulsory redundancy.
Considerations will include:
a) reduction of work undertaken by outside contractors and consultants;
b) review of temporary or casual appointments, whilst being mindful of the employment rights of fixed-term workers;
c) reduction or cessation of overtime working other than contractual or emergency overtime;
d) natural wastage;
e) voluntary early retirement;
f) transfer to other work with retraining where appropriate;
g) restrictions on external recruitment in the Service Unit where the potential redundancy situation has been declared;
h) voluntary redundancy dismissals;
i) consideration of any other arrangements that might avoid the need for compulsory redundancy;
j) any overall Council staff planning information.
The appropriate means of limiting redundancy within the options available will be reached following consultation with the recognised Trade Unions concerned and a reasonable period for the consideration of voluntary solutions will be agreed.
The Head of Service Unit will invite all employees to indicate their willingness to consider any of the above options and will provide reasonable assistance and information to support their consideration. Employees, and their representative, will be offered the opportunity for an individual meeting with a representative from HR to discuss their position including possible benefits and redeployment options.
Consideration of voluntary solutions will continue if they are subsequently proposed at a further stage of the procedure.
It should be emphasised that voluntary redundancy (with or without release of pension benefits) can only generally be considered where these reconcile with the Council's on-going workforce requirement, are affordable and meet the Council's pay-back expectations. Such proposals would also require Member approval. The Council is under no obligation to commit itself to voluntary solutions but would give this genuine consideration where they met the criteria specified.
10. Stage 5 - Declaration of a compulsory redundancy situation and application of the selection criteria
Where it is considered, after assessing potential voluntary solutions, that redundancy is unavoidable, the provisional selection for redundancy will be made in one of two ways or a combination:
10.1 Selection by the Head of Service Unit - after consultation with the Union Regional Officer and local Branch Secretary. In reaching the decision on selection the criteria should take account of the following factors:
a) the consequences for the future organisational efficiency of the service unit or establishment affected;
b) the staffing requirements and skills needed to deliver the remaining work of the service unit and the future needs of the service.
Selection will be based on objective criteria, which may include:
a) Voluntary solutions outlined in stage four;
b) The relative performance levels of employees affected having regard to comparable skills, achievements, qualifications and attendance records.
It should be noted that the adoption of a last in first out principle by itself is not a fair selection method and could potentially constitute indirect age discrimination unless it is able to be objectively justified and forms one of a number of factors included in the selection criteria. The Head of Human Resources will advise on the valid use of this criterion.
Particular sensitivity must also be displayed where the employee 'at risk' is a woman on maternity leave. Selection for redundancy or failure to offer suitable alternative employment to a woman for reasons associated with maternity leave constitutes an automatically unfair reason for dismissal. Whilst a woman can be selected for redundancy on grounds not related to her maternity leave, if suitable alternative employment is available she must be given equal opportunity to secure that ongoing employment with other employees at risk. This only applies if she has commenced her maternity leave. Human Resources will provide advice.
10.2 By advertising new or changed posts within the group and interviewing eligible candidates.
The selection approach may apply where this reconciles with the needs of the service. There may be a situation where new or changed posts have been created which could reduce the impact of redundancy in the group at risk. Those employees who are eligible should be advised which post(s) they may apply for, the process to be followed and the timetable. They should also be advised of the grade and any other condition including salary protection provisions should they be appointed to a lower graded post.
It is generally best that the process is "cascaded" i.e. the most senior posts filled first, so that employees who may not secure a 2nd tier post can be considered for any 3rd tier post before those are filled, and so on.
It is essential that the appointment process is open, transparent and fair as it will form the basis to justify the redundancy of the unsuccessful candidates. Interview should be by a panel with an HR representative or a manager from another service unit present. The panel should agree the factors relevant to the post based on the person specification and having due regard to the potential for the employee to reach the required level of competence after a period of training. The panel should agree the scoring method and weighting to be applied to the various relevant factors and keep written records to support their decision. Further advice should be sought from HR to ensure a fair process and due regard paid to the Council's guidance on "Re-organisation and Re-structuring in service units/schools: process for appointing staff to posts" (paragraph 6). See Employee Handbook.
11. Stage 6 - Individual Dismissal Meeting
Where an employee has been provisionally selected for redundancy, the Head of Service Unit will write to the employee to invite them to attend a meeting.
The employee will have the right to be accompanied at this meeting by a Companion. A Companion must be either a trade union representative or another employee of the Borough of Poole (see Appendix 1).
The Head of Service Unit will provide the employee with information as to why the Council is considering the employee's dismissal, outline the selection criteria, if any, that have been used, and confirm the employee's individual score in the redundancy selection process.
The meeting will be held with the Head of Human Resources or their representative.
The purpose of the meeting will be to discuss the redundancy situation with the employee at risk, providing details of any possible benefits and considering any alternatives to the employee's dismissal including redeployment options. The employee will be given the opportunity to make representations regarding their selection before any decision is made.
Following the employee's representations, the meeting will be adjourned for considerations. Once a decision has been made, the meeting will reconvene and the decision relayed to the employee.
The decision will be confirmed in writing by the Head of Human Resources and contain reference to the employee's right of appeal against the selection for dismissal to the Council's Appeals Committee.
12. Stage 7 - Notice Period
An employee made redundant will be given notice (or pay in compensation for lack of notice in exceptional cases) in accordance with their contract of employment or the minimum statutory provisions whichever is the greater.
An employee under notice may leave before the notice expires and not lose any entitlement to a redundancy payment provided that:
a) the employee gives notice in writing to terminate the contract of employment in line with their contractual notice period;
b) the Head of Service Unit supports the request and is in agreement with the early release.
If such a request is agreed, the employee is still deemed to have been dismissed by the Council but on the date of the expiry of the employee's notice and not of the original notice date given from the Council.
If the Head of Service Unit does not agree to the early release, employment will continue until the original termination date. If the employee fails to adhere to these arrangements, the employee may lose their entitlement to receive a redundancy payment.
Where an employee wishes to leave before a dismissal notice has been issued, a redundancy payment may be payable at the Council's discretion provided the approval of the Service Unit Head has been obtained in writing before the proposed dismissal date. The Head of Human Resources should be consulted on each case.
13. Stage 8 - Appeals Procedure
An employee aggrieved by their selection for redundancy or redeployment will have a right of appeal against the dismissal/redeployment to the Council's Appeals Committee.
The appeal must be lodged with the Head of Human Resources within 14 calendar days of receipt of the notification of redundancy or redeployment letter and state the employee's reason for appeal.
An appeal can only be based on grounds that the selection for redundancy was unfair or that the reason for dismissal was not redundancy. No right of appeal exists in respect of the reason for declaring a redundancy or requiring redeployment.
The format of the hearing will accord with that of Disciplinary Appeals.
The decision of the Appeals Committee is final and will be confirmed to the employee in writing within seven calendar days of the meeting.
Unless the appeal is successful, the effective date of termination will remain that quoted in the letter giving notice of redundancy or redeployment.
14. Stage 9 - Consideration of redeployment
The Council will make every reasonable effort to seek redeployment for those at risk or under notice of redundancy. The employee also has a responsibility to seek suitable redeployment in order to avoid redundancy. This is a joint responsibility.
Trade Union consultation will be undertaken when considering alternative employment possibilities.
The weekly internal vacancies bulletin will be made available to all employees at risk or under notice of redundancy.
Subject to employee wishes, the Head of Human Resources will also be willing to notify other Councils and any other employers in the area who might have suitable vacancies and forward written details to employees at risk as appropriate.
An HR Adviser will guide the employee at risk or under notice of redundancy through the redeployment process, clarifying the redeployment situation and actions to be taken.
Where an employee at risk or under notice of redundancy wishes to apply for an internal vacancy, they should inform their HR Adviser and apply for the post as detailed in the advertisement. Where appropriate, the HR Adviser will seek prior consideration for the employee at risk such that their application for the post is considered prior to other candidates.
Further information about the redeployment process from the employees' perspective can be found in the Redeployment Employee Assistance Pack.
Where the employee secures suitable alternative employment with a Local Authority or other employer covered by the Redundancy Modification Order before the termination of the notice period the dismissal will not take effect.
Where suitable alternative employment is offered by a Modification Order employer before the termination of the current post, the employee will not be entitled to receive a redundancy payment if the new post commences within four weeks of the termination date.
15. Trial Periods
Any offer of alternative employment within the Council must be confirmed by the Head of the Service Unit where the vacancy exists and the Head of Human Resources or his/her representative notified. The written offer should confirm whether or not a trial period would apply (see below) and clearly indicate whether or not refusal of the offer could jeopardise the employee's entitlement to a redundancy payment (i.e. whether or not the employment is regarded as suitable alternative employment). The salary in the alternative employment will be in accordance with the protection provisions (Appendix 1).
If an offer of employment with the Council is made and the employee decides during the trial period to reject the offer they must advise the Head of Service Unit making the offer within the trial period.
If the employee delays giving notice of their decision until after the trial period has expired they will be regarded as having accepted the offer.
To avoid misunderstanding the Service Unit Head making the offer will confirm the employee's decision immediately before the expiry of the trial period and advise the Head of Human Resources of the outcome in writing.
In accordance with the Employment Rights Act 1996, a minimum trial period of four weeks will be granted where appropriate to an employee who is re deployed on the grounds of redundancy.
An additional trial period of a maximum of eight weeks, giving twelve weeks in total, will be granted where a requirement for retraining is agreed in consultation with the appropriate union representative, and can be achieved within that timescale. A properly constituted training programme should be agreed. In exceptional circumstances the additional trial period may be further extended to allow for training by mutual consent.
To comply with the Act, the statutory trial period should not start until the employee's old contract has terminated (i.e. their notice has expired) and normally ends four weeks after the employee starts the trial period (unless extended to cover training). During that period the employee is given a new contract to cover the trial on the salary and terms of the new post which will include any salary protection. If within the trial period either party terminates the contract on the grounds of unsuitability, the employee is regarded as dismissed on the original redundancy date and benefits will be calculated as at that date. Notice of termination before the end of the trial date will not normally be given unless agreed by the Council.
Where it is agreed that the trial period may start before the ending of the old contract, the trial period is not a statutory period but it is agreed that the employee will undertake a different temporary role for the trial period. Salary and terms will generally be in accordance with the old contract up to the date that contract ends, any period remaining after that date will be paid in accordance with the new contract including any salary protection. Termination provisions will be as set out above.
Where the trial period is successfully completed a new contract will be issued for the new post on the salary and terms for that post, including any salary protection agreed. The date of the new contract will be effective from the day after the redundancy of the old post and the period of any salary protection will commence from the same day.
Offers of alternative employment will be subject to:
a) the Council being satisfied that the redundant employee is capable of carrying out the duties of the alternative post or will be capable after reasonable retraining, .
b) protection of existing basic salary - See Appendix 1.
Where an employee is redeployed and covered by salary protection arrangements, the Council will make every reasonable effort before protection ends to:
a) transfer the employee to a post commensurate with the protected grade;
b) allocate duties and responsibilities which equate to the difference between the evaluated salary grade and protected grade where confirmed by a new evaluation of the new post.
The employee will be expected to accept any reasonable offer of suitable employment or additional duties and responsibilities which will reduce or remove the need to continue salary protection.
The Borough supports the principle of the redeployment of redundant employees into posts who volunteer for redundancy or early retirement i.e. bumped redundancies.
16. Time off with pay to seek alternative employment
Employees 'at risk' in a redundancy situation have an entitlement to reasonable time off with pay to look for alternative employment. Such time off must be approved in advance and recorded by the Service Unit.
17. Support Services
The Borough of Poole is concerned to support all employees during times of particular difficulty and has a number of sources of support available. Employees are able to access any of the following services:
Counselling Service 01202 633454 Chaplaincy 07980 002676
Unison 01202 633189 HR Advisers see Loop directory
APPENDIX 1
SPECIAL PROVISIONS RELATING TO REDUNDANCY/REDEPLOYMENT
a) REDUNDANCY PAYMENTS - BASIS OF CALCULATION
Redundancy payments will be determined with reference to the current Council policy "Retirement, Early Retirement, Redundancy and Flexible Retirement".
b) PENSION BENEFITS
Each case will be assessed as set out in the above Policy.
c) SALARY PROTECTION
An employee in a redundancy situation who accepts transfer to a lower graded post as an alternative to redundancy will be granted personal protection of existing basic salary but excluding overtime and other enhancements for a period of 1 year from the start date in the new job. At the end of that period the salary will fall to the appropriate spinal column point of the evaluated grade for their post.
If the employee has accepted an increase in duties and responsibilities during the period of protection a new evaluation of the post will take place
d) BASIC SALARY
Salary protection (excluding consideration of any enhancements etc) shall not exceed one grade.
An employee who chooses at their discretion to accept as an alternative to redundancy a post which is two or more grades lower than their existing grade will still only be protected on one grade. This outcome is of their choosing and will not be imposed.
Service Unit Heads regularly re-organising must take care not to impose a succession of detrimental impacts on any individual employee.
e) ENHANCEMENTS OF PAY AND CONTRACTUAL OVERTIME
Where an employee was in receipt of shift, night, standby, sleeping in, weekend, irregular hours, inconvenient hours, unsocial hours allowance or contractual overtime, in their old post they may receive protection of these payments at up to 50% of the old level for a period of up to six months in their new post.
f) OTHER BENEFITS
In the case of employees leaving the Council's employment as a result of redundancy or early retirement as an alternative to redundancy, any consequent requirement to repay to the Council any removal, legal, etc expenses arising from a previous relocation will be waived.
g) LOANS
Where an employee made redundant is in receipt of a car or other loan, the Council will give sympathetic consideration to permitting repayment of the loan on the originally agreed terms, or longer in cases of hardship by agreement.
h) CAR ALLOWANCE
An employee taking alternative employment loses their entitlement to a car allowance and will not be protected in respect of any car allowance being received. There will be no recovery in respect of any entitlement exceeded in the part of the year prior to the redeployment although during notice the Head of Human Resources will adjust any further mileage allowance after giving notice to the employee concerned. Any outstanding car loan will continue to be dealt with under the originally agreed terms.
i) POST ENTRY TRAINING
Employees made redundant, or who accept early retirement as an alternative to redundancy, will not be required to repay college and examination fees. Sympathetic consideration will be given to continuing financial assistance previously granted until the employee finds new employment or the course finishes.
j) LEAVE ENTITLEMENT
An employee made redundant will be entitled to take the apportioned leave entitlement up to the date of leaving the Council's employ. In the event that leave already taken or arranged when redundancy is declared will exceed this entitlement the excess will not be recovered. In the event that at the requirement of the Head of Service Unit any leave entitlement cannot be taken before the expiry of the notice payment in lieu will be made.
k) RE-ENGAGEMENT
It is normally the Council's policy not to re-engage employees who have received early retirement and / or redundancy benefits.
Appendix 2
Right to be accompanied
Employees of the Borough have the right to be represented at meetings and hearings by a companion.
This companion may be:
i) An official employed by a trade union recognised by the Borough of Poole for the representation of employees or a lay trade union official of that trade union (providing this official has experience or training in acting as an employee's companion at a disciplinary meeting).
ii) An official from another trade union (it would be necessary for this person to provide evidence of their accreditation as a union official in order to act as a recognised companion).
iii) Another employee of the Borough of Poole. However, it would not be reasonable for employees to ask to be accompanied by a colleague whose presence would prejudice the meeting or who might have a conflict of interest.
A recognised companion may:
o Put the employee's case
o Sum up
o Respond on the employee's behalf
o Confer with the employee during the meeting
Employees may be accompanied by a person who is not a recognised companion as detailed above. However, this person will not have any rights of representation.
Individual consideration will be given to arrangements for representation in a special case, for example the employee has a disability.
Revision No. Revised by Revision Date Change detail
1 Mike MacDonald 1 February 2009 o Rearrange into stages
o Add flow chart
o Revise selection criteria (Stage 5)
2 Mike MacDonald 1 October 2009 o Bring salary protection provision into line with Equal Pay Agreement
o Clarify operation of trial periods
o Impact on women on Maternity Leave
| 
