Statutory right to representation.
With effect from 2 November 2007, employees have a statutory right to be represented at any formal part of a disciplinary or grievance process. Representation can be either by a work colleague, a union shop steward (if a Union is recognised in the workplace), or a full-time union officer even if that Unionis not recognised by the employer. The difference between someone accompanying an individual to a disciplinary or grievance meeting and actually representing them, is that the Representative has the right to speak on behalf of the employee, and not just attend in support. Failure to allow such representation at any formal stage could result in an employee taking a claim to the JerseyEmployment Tribunal for the infringement of a statutory right. An employer who denies an employee this right risks an award of 4 weeks salary being made against them. If the employee is subsequently dismissed, having been refused this statutory right, then an award of automatic unfair dismissal award could also be made.