Does my mum have right to have me accompany her to this hearing?

[PeggyGuggenheim]

My mum has just been told that she can't go back to work (as a nurse) after an extended period of sickness. She's 62 and in poor health and she's actually quite relieved, now that she's got used to the idea. Her manager has offered her the opportunity to redeploy but she's declined. Now she has been given a date for a hearing, with the manager and someone from HR. In the letter, it says she can have a union rep, or a colleague accompanying her. She's not in the union and she wants me to come with her. I met the manager today (she came to see my mum in hospital) and I introduced myself and said I'd see her at the hearing. She swiftly assured me that I couldn't attend. I was dubious and said I would check that and she said she'd check too... it doesn't sound right though, does it? Surely I'm allowed to accompany her?

Assuming you are not a colleague or union rep then I'm afraid they are within their rights to say you can't attend.

Worth asking though. If your mum is technically a disabled person per the Equality Act then it might, not definitely but might, be a reasonable adjustment to allow you to go, assuming you're not a lawyer etc and that she doesn't have a close colleague she could take. As Flowery says they can refuse but they might not if you make a decent case for going.

Hmmmmmm. Thanks guys - yes she is disabled. I think that's a good idea, to argue that it would be a reasonable adjustment. The problem with getting a colleague along, is that everyone is scared of the manager. She feels very nervous, I just really want to give her moral support.

Failing that, as your mum is disabled, it would also be a reasonable request to ask that the hearing is at her home. Although she'd be on her own for the actual hearing you could be in another room. This means you'd be there immediately before and after the hearing to give her the emotional support she needs.

I successfully managed to get my employer to hold my flexible working request appeal at my home. I'm currently on mat leave and would have had a 75 mile round trip to attend my place of work. I'd also have had to find childcare at very short notice and cost (I was on the unpaid portion of mat leave).

Like your mum, I couldn't find a colleague to attend with me as they were all too scared of my boss. But I arranged for a friend to sit with my twins during the hearing, and they calmed me down before the appeal and were a shoulder to cry on after.

Hth!

The reasonable adjustment has to be linked to the disability. What is the nature of her disability which means it's not reasonable for a colleague to accompany her?

You can certainly ask, but as you have already been advised, they do not have to allow it.

Just ask. Employers are just trying to avoid Great Aunt Betsy turning up and revealing herself to be an employment lawyer which skews the dynamic of an internal process. Most sensible people are open to a reasonable request.

Hermione - think OP said the problem with finding a colleague was that they were all too scared of the manager to attend , which leaves her mum on her own as she's not a member of a union.

She is entitled to say no, but I would agree that because she is disabled, it would be a reasonable adjustment to make.

There is no law that says you cannot attend, but the guidelines say union rep or colleague. It's actually in place to prevent people bringing lawyers, HR managers are not lawyers, and to get into a legal battle at the outset defeats the purpose of internal process.

No you can't go check ACAS

Surely a colleague could go with her as moral support

Is she NHS? Im also curious as to what may happen to her pension if she doesnt take up redeployment offer?

I've always believed the it had to be someone such as a union rep or other employee due to business confidentiality. They are only there as a witness and not as an advocate or representative.

The accompanying person can certainly represent the employee, they are not just a witness, although it practice that's often what happens. They are allowed to read a statement on behalf of the employee, or state their case.

Family members at hearings are often a complete nightmare and do their relative no favours at all IME, and can get emotive, angry, not understand their role etc, so I can certainly understand why they'd not want to allow it. A less involved and more impartial colleague or union rep is usually much more constructive.

However it may well be that in these particular circumstances they allow it so worth asking again. Whether it would be a reasonable adjustment would depend on what the nature of her disability is and why that disability means that a colleague is not suitable.