Section 10 Employment Relations Act 1999 entitles an employee to be accompanied to a disciplinary or grievance meeting by a work colleague or trade union official.
In Leeds Dental Team Ltd v Rose, Mr Rose was invited to a disciplinary meeting and duly requested to be accompanied by the practice’s principal. The Practice refused his request because they felt the principal would be ‘supportive’ of the Claimant’s position.
Mr Rose went off sick and later resigned claiming that he had been constructively dismissed. The Employment Appeal Tribunal held that the employer’s refusal to allow Mr Rose to be accompanied to the aborted disciplinary meeting was a breach of trust and confidence and upheld his claim.
Following Toal v GB Oils Ltd (which we summarised here), this case is a further reminder that an employee’s choice of companion can only rarely be safely resisted.
- Agency Workers
- Case Studies
- Allegations of Sexual Abuse
- Associations with those convicted of a serious criminal offence
- Diabetes and Disability
- Human Rights
- Knowledge of Disability
- Reasonable Adjustments
- Reasonable Adjustments and Time Limits
- Religion & Belief
- Requirement of formal interview is disability discrimination
- Restrictive Covenants
- Right to be Accompanied
- Sexual orientation
- Social Media
- Strike Outs
- Time Limits
- Unfair Dismissal
- Voice Recording Meetings
- Worker Status
- Working Time
- A new flexible working culture for the UK?
- Discrimination Questionnaires bite the dust
- Disqualification by association
- Employment Tribunal Fees
- Mandatory ACAS Conciliation?
- Massive reduction in ET Claims
- New Regulations
- Obese Employees and Disability
- Partners' New Rights to Attend Ante-Natal Appointments
- Pensions auto-enrolment
- Redundancy and Maternity Leave
- Shared Parental Leave
- SSP no longer reclaimable by Employers
- The European Court of Justice says: 'holiday pay must include commission'
- UK Constitution
- Unfair Dismissal Compensation
- Without Prejudice and Protected Conversations
- Zero Hours Contracts