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Update on the Right to be Accompanied

A recent Employment Appeal Tribunal decision has given guidance on when employees are entitled to be accompanied at hearings and meetings.

The case confirmed that the right to be accompanied only applies to an employee who is attending a disciplinary hearing which was defined as “a hearing where a formal warning could result, where some other action could be taken, or where a warning previously issued could be confirmed”. The “other action” must be disciplinary action.

Therefore, the right to be accompanied would not apply to an investigatory meeting.

In this case, the meeting in question was to inform a member of staff that he was being made redundant and as this was not a “disciplinary hearing”, he was not entitled to be accompanied under the terms of the Act.

Practical Tips

	Compensation Award
	A refusal to allow an employee to be accompanied could result in a compensation award of 2 weeks pay. Currently this stands at a maximum of £520 (rising to £540 on 1 st February 2004).
	Consider Carefully
	Before refusing a request to be accompanied consider carefully the status of the meeting.
	Right To Be Accompanied
	Remember an employee only has the right to be accompanied by a fellow employee or Trade Union representative.

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