The right to be accompanied: don’t ask, don’t get?

Imagine being called into a meeting at the end of your shift without being told what it is about. By the end of the meeting, you have been dismissed. Surely you should have been given the chance to bring someone with you?

Perhaps surprisingly, not necessarily.

That was the issue in Wolfe v Taka Mayfair Ltd. Mr Wolfe said that he was called into a meeting without warning, was not told what it was about and was dismissed at the end of it. He argued that his legal right to be accompanied had been breached because he had not been given the opportunity to bring anyone with him.

The Employment Appeal Tribunal (EAT) disagreed.

Under section 10 of the Employment Relations Act 1999, the legal right to be accompanied only applies where the worker asks to be accompanied. Mr Wolfe had not made a request, so there had been no breach of this particular right. This was the case even though he may not have realised what the meeting was about until it was too late to ask.

When does the right to be accompanied apply?

The legal right applies to certain disciplinary and grievance hearings, including relevant appeal hearings.

Where the right applies, the worker can choose to be accompanied by:

• a work colleague;
• a trade union official; or
• a trade union representative who has been appropriately certified or trained.

Importantly, the employer does not need to recognise the trade union, and the worker does not need to be a union member.

The companion can speak at the hearing, put forward the worker’s case and talk privately with them. However, they cannot answer questions on the worker’s behalf.

If the chosen companion cannot attend the proposed meeting, the worker can suggest another reasonable time, provided it is within five working days of the original date.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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