I often get requests for a third party to be present in Employee Relations interviews, sometimes by the Complainant, Respondent and even by nervous witnesses, and I almost always grant the request, especially where that third party is a union representative (Wiengarten rights scenario where the meeting could lead to disciplinary action), someone whose presence is necessary to effectuate a reasonable accommodation (e.g. American Sign Language (ASL) interpreter), language interpreter, or in jurisdictions that specifically allow for a “support” person
However, to prevent derailment of the interview (e.g. frequent interruptions), I address ground rules for the third party, as laid out in this article.
It’s also a good idea to have a standard operating procedure covering requests for third party presence in ER interviews for the sake of consistency and transparency- gold standards in any ER playbook.- The SOP should cover expectations of confidentiality, no retaliation etc. in addition to ensuring that the third party is not (or not likely to become) a participant in the case, as that could result in a conflict of interest.