Jim says, I have been accused and have been suspended. I am not a member of a trade union. My employer wants me to attend an investigative hearing. What right do I have to take someone with me. I work for a private company in a children's home.

Your employer has a duty to investigate any complaints that have been made against you. He also has a duty to ensure that any investigation is conducted in a fair manner. Basically there are three steps which have to be taken. 

Step 1. The employer must set out in writing the employee’s alleged misconduct particularly (if proven) it might lead to to disciplinary action (e.g. a warning, demotion, dismissal etc). This information will normally be given in the letter of suspension. The amount of information given will depend on the circumstances and local practice. Usually only a brief description is given of reasons why suspension has been considered necessary.

Step 2 The employer should then carry out, or cause others to carry out on their behalf, an investigation into allegations that have been made. Typically this will involve an investigating officer being appointed. Good employers will have formal procedure setting out the duties and responsibilities of the investigating officer. The investigating officer's task is to examine the evidence which supports the allegation and the evidence which contradicts it, and to make a recommendation as to whether or not there is a case to answer. If there is a case to answer the employer will usually arrange a full hearing before an independent panel.

At some stage in the process the investigating officer will want to meet with the accused person. Usually the investigating officer will write to accused person setting out in more detail what the complaint is, and inviting them to attend a meeting. The letter should indicate that the accused person has a right to to be accompanied. It is important to check out what is meant by accompanied. Most employers follow the model suggested by ACAS which states that the person  should be  a "single companion" who can be either be a trade union official or a colleague (more). It is not uncommon for employers to exclude any other person from attending including a lawyers. Some employers will allow the accused be accompanied by more than one person (e.g. a spouse), but most will not allow a lawyer unless they are legally obliged to do so.

Before you respond to any request to attend an investigative meeting it important you examine your employers procedures very carefully. At the investigative hearing you will be asked questions and note of your answers should be taken. Before you agree to attend you need to decide what your response will be. If you intend to simply rebut the allegation and remain silent keep in mind that your employer might take the view that your lack of co-operation is a breach of contractual obligations towards your employer.

Step 3: The employers task is to consider the evidence presented by both sides and to make a recommendation/decision on whether a disciplinary hearing is required. You can find out more about disciplinary hearings here

When the disciplinary hearing is complete the employer must inform the employee of the decision taken, and of their right of appeal.

If the employee wishes to appeal they must inform the employer. The employer must then arrange a further meeting. There are normally time limits set for making an appeal. At this stage you also consider whether or not to lodge an application for unfair or wrongful dismissal to an employment tribunal. In normal circumstance you can only do so within six months of being dismissed. (Do not make the mistake of thinking that the time limit starts from the date of your appeal decision).

Note: Your rights as an employee are dependent upon your length of service. If you have only just been appointed you may have limited rights (more). You can find out more about investgative hearings here. Doyle Clayton Solicitors have provided a useful summary of the right to accompaninent at grievance and disciplinary hearings here.