1.1 The employee who is the subject of an investigation may represent him/herself or choose to be accompanied or represented at the Investigation interview and/or Hearing within the Formal Procedures. The statutory right to be accompanied at a Formal Hearing applies where an employee is required or invited to attend a Formal Hearing and reasonably requests to be accompanied. Representation or accompaniment within the Conduct Improvement Process or other informal proceedings is not normally allowed.

1.2 An employee is not obliged to be represented and no pressure should be brought to bear on an employee (by management or union) if they do not want to be represented. Nevertheless, it is strongly advised that at an interview where the employee is not represented, it is confirmed with the employee that they do not wish to be represented and this is confirmed in follow up correspondence/notes of the meeting.

2.1 If a representative is chosen, the representative can only be one of the following in accordance with the above Act:

2.1.1 another North Ayrshire Council employee not involved in the investigation.

2.1.2 a full time trade union officer or a lay trade union representative (but not necessarily of a union recognised by the Council) with experience of or has received training in acting as a worker’s companion at a Formal Hearings.

2.1.3 Where the employee is under 18 years of age, they may also be accompanied by one or both parents.

2.1.4 In all circumstances (apart from 2.1.3), family members are excluded as representatives. Solicitors and external legal representatives are also excluded.

3.1 The employee will provide to the Responsible Manager, verbal or written confirmation beforehand whether they will/will not be represented. If represented, the employee will, wherever possible, also provide the name of that representative beforehand. Where the representative is a fellow employee, the employee being interviewed should consider any possible conflicts of interest that may arise through their choice of representative.

3.2 The Responsible Manager, however, can object to the chosen representative if a conflict of interest arises or where the presence of a particular representative may prejudice the interview.

4.1 The representative should be allowed to take as full a part in the Hearing as possible, including addressing the Hearing and asking questions on the employee’s behalf. However, the representative does not have the right to answer questions on behalf of the employee, who should normally respond directly to questions asked of him/her.

5.1 Reasonable time off with pay will be given to allow the employee, the fellow employee or representative both to prepare before the Interview or Hearing and for the actual Interview or Hearing.