This employment tribunal decision provides a useful example for employers of what the legislation on the right to be accompanied means when it says that the right applies where a worker "reasonably requests" to be accompanied at a disciplinary hearing, an issue on which there is a surprising paucity of case law.
This employer lost an employment tribunal case because it did not allow an employee who was still on his probationary period be accompanied at a meeting at which he was informed that he was being dismissed.
In Toal and another v GB Oils Ltd EAT/0569/13, the EAT held that there is no statutory requirement for an employee's choice of companion at a grievance hearing to be reasonable.
Line manager briefing looking at misconduct, including the meaning of misconduct, the necessary communication skills for a disciplinary interview and the use of warnings.
The Employment Appeal Tribunal has held that there is no requirement for an employee's request to be accompanied by a particular companion to a discipline or grievance meeting to be reasonable, provided the companion is within one of the categories set out in s.10(3) of the Employment Relations Act 1999.
Victoria Bell is a managing associate and Chris McAvoy, Poppy Fildes, Rosie Kight and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
Updated to take into account an increase in the cap on a week's pay, with effect from 6 April 2017.
HR and legal information and guidance relating to the right to be accompanied at disciplinary hearings.