Sticking to the legal minimum is not necessarily good HR practice

This is the important practical lesson from Wolfe. The EAT confirmed that section 10 does not itself require an employer to tell an employee that a meeting is disciplinary or explain that they have a right to bring a companion. But that does not mean surprise disciplinary meetings are a good idea.

The Acas Code says that employees should be told in writing about the allegations against them and informed of their right to be accompanied before a disciplinary meeting. Following a fair procedure is also important if an employee is ultimately dismissed and later brings an unfair dismissal claim.

So, Wolfe explains the minimum required by the statutory right to be accompanied. It should not be treated as a guide to good HR practice.

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