All items: Right to be accompanied at a hearing

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  Collins v ILC Manchester Ltd t/a International Learning College ET/2413340/2012 (1 report relating to this case)

  • Right to be accompanied: employer fails to allow probationer to have companion at dismissal meeting

    Date:

    11 November 2013

    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.

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  Eleftheriou and another v Arriva London North Ltd ET/3200593/2014 & ET/3200200/2015 (1 report relating to this case)

  • Right to be accompanied: veto on trade union representative was unlawful

    Date:

    2 October 2015

    An employer's veto on a trade union representative accompanying its employees to disciplinary or grievance hearings led to breaches of the right to be accompanied, an employment tribunal has found.

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  Evans v Open Sight ET/3100599/11 (1 report relating to this case)

  • Employee unfairly sacked by "jealous" boss for accompanying colleagues to grievance hearings

    Date:

    18 January 2012

    As this case shows, employees with less than one year's service can still claim unfair dismissal if the principal reason for their dismissal is that they accompanied, or sought to accompany, colleagues at disciplinary or grievance hearings.

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  Gentry v Dartford and Gravesham NHS Trust ET/1101884/08 & ET/1101278/08 (1 report relating to this case)

  • Unfair dismissal: failure to allow NHS employee legal representation at disciplinary appeal hearing

    Date:

    12 April 2011

    This employment tribunal decision demonstrates that there are circumstances in which it is necessary for employers to allow employees to have legal representation at a disciplinary appeal hearing, following the Court of Appeal decisions in R (on the application of G) v Governors of X School and Y City Council [2010] IRLR 222 CA and Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA.

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  Gnahoua v Abellio London Ltd ET/2303661/2015 (1 report relating to this case)

  • Right to be accompanied: £2 award after employer turns down employee's chosen companion

    Date:

    20 April 2017

    An employment tribunal has held that the employer breached the claimant's right to be accompanied when it refused to allow his chosen companions, trade union representatives, to accompany him at a disciplinary appeal hearing. However, it awarded compensation of £2 only, on the basis that the employer had understandable reasons for the refusal.

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  Heathmill Multimedia ASP Ltd v Jones and Jones [2003] IRLR 856 EAT (2 reports relating to this case)

  • Statutory right to be accompanied: Meeting to inform of redundancy is not a "disciplinary hearing"

    Date:

    20 February 2004

    In Heathmill Multimedia ASP Ltd v Jones and Jones, the EAT holds that a meeting to inform workers of their dismissal for redundancy does not fall within the definition in s.13(4) of the Employment Relations Act 1999 of a "disciplinary hearing", at which workers have the right to be accompanied, by virtue of s.10 of the same Act.

  • Case round-up: disciplinary hearings and dismissal hearings; and equal pay in TUPE transfers

    Date:

    14 October 2003

    This week's case round-up from Eversheds, covering: disciplinary hearings and dismissal hearings; and equal pay in TUPE transfers.

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  London Underground Ltd v Ferenc-Batchelor; Harding v London Underground Ltd [2003] IRLR 252 EAT (2 reports relating to this case)

  • Statutory right to be accompanied: EAT considers when statutory right to be accompanied arises

    Date:

    18 July 2003

    In London Underground Ltd v Ferenc-Batchelor and Harding v London Underground Ltd, the EAT holds an "informal oral warning" - which was in fact confirmed in writing, continued to have effect for up to 12 months, formed part of the employee's disciplinary record and could be taken into account by management if a formal disciplinary process was instigated - in reality constituted a "formal warning", giving rise to the statutory right of the employee to be accompanied to the disciplinary hearings that resulted in that warning being given.

  • Case round-up: TUPE and disciplinary warnings

    Date:

    8 April 2003

    This week's care round-up by Eversheds, covering: TUPE and disciplinary warnings.

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  Petrofac Offshore Management Ltd v David Olley and others EATS/0031/05 & EATS/0032/05 (1 report relating to this case)

  • Case round-up: Unfair dismissal

    Date:

    17 January 2006

    This week's case round-up from Eversheds, covering unfair dismissal.

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  R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC (2 reports relating to this case)

  • Discipline: Private sector employee had no right to legal representation at disciplinary hearing

    Date:

    24 August 2010

    In R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC, the High Court held that a social worker accused of withholding information about a child protection investigation, of which she was the subject, from her private sector employer was not entitled to legal representation at a disciplinary hearing.

  • Private employee not entitled to legal representation at disciplinary hearing

    Date:

    28 May 2010

    The High Court has held that an individual was not entitled to legal representation at internal disciplinary proceedings, on the basis that it was a private law employment case on a standalone disciplinary issue. 

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  Roberts v GB Oils Ltd EAT/0177/13 (2 reports relating to this case)

  • Disciplinary and grievance hearings: No statutory requirement for choice of companion to be reasonable

    Date:

    10 July 2014

    In Roberts v GB Oils Ltd EAT/0177/13, the EAT held that there is no statutory requirement for a worker's choice of companion at a disciplinary hearing to be reasonable. Provided that the companion fulfils the statutory definition, the employer is not entitled to reject the worker's choice.

  • Disciplinary and grievance hearings: EAT reiterates that employers should not veto employee's choice of companion

    Date:

    20 December 2013

    The Employment Appeal Tribunal has held for the second time in 2013 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 chosen person meets the definition of a companion in the Employment Relations Act 1999.