Should a right to be accompanied be extended beyond the definition of a disciplinary or grievance meeting as stated in the Employment Relations Act 1999?
By law, all employees have a right to be accompanied at a disciplinary and grievance hearing either by a work colleague or trade union representative. Employers must act fairly and reasonably and allow an employee to bring a companion. This is highlighted under the Employment Rights Act 1999 under section 10.
The right of accompaniment is a statutory right. Failure to comply with this statutory right may lead to financial penalties, thus costing the employer a maximum of two weeks’ pay compensation award as well as reputational damage.
However, what if the meeting is not a disciplinary or grievance meeting, would the right extend to other formal meetings? Redundancy, capability, probation review meetings? The answer is yes, this right should extend. In the case of St Francis Hospice v Burns, the EAT stated that should any employee be refused accompaniment at significant formal 121’s meetings, the employer risks damaging the implied term of ‘trust and confidence’ which can result in financial loss.
Informal meeting at work
In Collins v ILC Manchester Ltd t/a International Learning College 2013, the employee was two months into his probationary period and was called into a meeting.
The employee wanted a companion to accompany him, but the employer refused and, at the end of the meeting, dismissed him.
The employee complained to the employment tribunal that the company had refused him permission to be accompanied to a disciplinary hearing. The tribunal supported the employee's complaint and awarded one weeks worth of pay compensation.
The tribunal refused to accept the employers argument that the meeting was not a disciplinary meeting (and so triggered the right to be accompanied) because the decision was already made before the meeting.
The tribunal had also commented that it was not relevant to the statutory definition of a disciplinary hearing that the employee was in a probationary period.
The answer...
To conclude, to take the term ‘the right of accompaniment’ at face value (as stated in the Employment Relation Act 1999 section 10) will leave the employer at significant risk as tribunals would expect the employer to demonstrate a fair and reasonable procedure. Therefore, it is vitally important for the employer to note that at any meeting which may result in a termination of employment should be given the right of accompaniment to avoid any risk of tribunal.
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