Blogs

The BBC has reported an unusual choice of companion at a work related meeting by an employee in New Zealand.

When you know, you know

When copy writer and part time stand up comedian Josh Thompson received an email inviting him to attend a meeting to discuss his role at the company, he had a gut feeling that redundancy was on the agenda.

The email said that he was entitled to bring a “support person”.  Rather than take along a colleague, Josh enlisted the services of a ‘clown’ called ‘Joe’ to soften the blow!

“Joe” the clown  accompanied Josh to the meeting, where he made balloon animals for part of the meeting and emphatically shook his head in sadness whilst the news was delivered that Josh’s role was as he had suspected going to be made redundant.

Famous

The story, now a firm favourite in the comedian’s stand up act has attracted significant press attention, more due to the comedic value than any employment law related awareness.

Whilst josh advocates being accompanied by the circus favourite:  “But if there’s a clown available, especially Joe, I’d definitely recommend it.” But on a serious note, who is permitted to accompany an employee invited to such an unexpected meeting, if any?

The antics of Jo and Josh are a reminder that whilst the employer in this scenario provided the option for Josh to bring someone to the meeting, under UK law they were not required to.

The process

Employers are required by law to adequately consult employees who are affected by redundancies, even if their role is not at risk itself.

The consultation process commonly comprises of face to face meetings or remote meetings (telephone / skype) if appropriate.

It is usual to meet with an affected employee more than once to ensure an adequate consultation which includes consideration of any alternatives to redundancy and consideration of any requests or suggestions made by the employee.

Companion or no companion

Section 10 of the Employment Relations Act 1999 provides a right for employees and workers to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing.

Employers do not have to allow a companion to any type of meeting which is not a disciplinary or grievance hearing, including a redundancy consultation meeting however most employers do choose to allow a companion to meetings such as redundancy consultations to provide support to employees.

But….

We advise that contracts and staff handbooks are checked for any policies and procedures which may provide the right to be accompanied to meetings which are not disciplinary and grievances which are covered under section 10.

Fairness

Employers and employees should be aware of the general principle of fairness and possible disabilities which may give rise to the duty of reasonable adjustments, which may include allowing a disabled employee to be accompanied at meetings other than disciplinary or grievance hearings, or allowing a companion other than a colleague or trade union representative.

Contact us for advice

For advice on redundancy procedures and termination please contact Kaajal Nathwani of the employment team on 020 8363 4444 or This email address is being protected from spambots. You need JavaScript enabled to view it.