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What is the right to be accompanied?
The right to be accompanied allows a worker to bring a companion to certain disciplinary or grievance hearings.
The right comes from section 10 of the Employment Relations Act 1999 and it usually applies where a worker is required or invited to attend a disciplinary or grievance hearing and makes a reasonable request to be accompanied.
The companion is usually either:
- a trade union official
- a trade union representative who has been certified as competent
- a fellow worker
Disciplinary and grievance meetings can be stressful, so a companion can help the worker prepare beforehand, take notes, ask questions, address the meeting and support the worker during the process.
The Employment Appeal Tribunal (EAT) has given useful guidance on the right to be accompanied at disciplinary and grievance hearings in the recent case of Wolfe v Taka Mayfair Ltd.
The case involved Mr Leonardo Wolfe, who worked as Head Sommelier at Taka Mayfair Ltd, a London restaurant. He said that, after the end of a shift, he was called into an in-person meeting with the restaurant’s two owners. According to the case summary, he said he was not told in advance what the meeting was about, what might happen, or that dismissal was a possible outcome. Mr Wolfe was dismissed at the end of the meeting.
He later brought Employment Tribunal proceedings and sought to add a complaint that his employer had breached his statutory right to be accompanied at the meeting.
The EAT confirmed an important point: the right to be accompanied does not arise automatically just because a meeting is disciplinary in nature; the worker must make a reasonable request to be accompanied. Because Mr Wolfe had not asked to bring someone with him, his claim for breach of the statutory right to be accompanied could not proceed.
That doesn’t mean unclear or unexpected workplace meetings are risk-free for employers, however. The EAT also recognised that failing to explain the nature or purpose of a meeting may still be relevant to other claims, including unfair dismissal. The decision is therefore important for both sides, but for employees the practical message is simple: if you are invited to a disciplinary or serious workplace meeting, ask clearly if you want someone with you.
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What did the EAT decide in Wolfe v Taka Mayfair Ltd?
Mr Wolfe argued that he had been deprived of the chance to ask for a companion because he was not told what the meeting was about in advance.
The EAT accepted that this was an understandable argument, but it said the wording of the legislation was clear.
Two things are needed for the statutory right to apply:
- the worker must be required or invited to attend a disciplinary or grievance hearing
- the worker must reasonably request to be accompanied
In Mr Wolfe’s case, the Tribunal had accepted that the first requirement was met, but he had not made a request to be accompanied, so the EAT agreed that a standalone complaint about breach of the right to be accompanied could not succeed.
Employees may feel the EAT decision is harsh, particularly where the meeting’s purpose was not made clear. The judgment does leave open a separate point: if an employer calls an employee into a meeting without proper notice, fails to explain the allegations, or dismisses them without a fair process, that may still be relevant to whether the dismissal was unfair.
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What if the meeting purpose is unclear?
Employees are not always invited to meetings that are clearly labelled as disciplinary hearings; sometimes a meeting may be described as a “catch-up”, an “informal chat”, a “discussion” or a “quick meeting”.
If the purpose is unclear, employees should consider asking for more information before attending.
For example:
- What is the meeting about?
- Is it disciplinary, investigatory or informal?
- Could any formal action result from the meeting?
- Will notes be taken?
- Can I bring a companion?
- Can I have the allegations or concerns in writing?
- Can I have time to prepare?
Not every workplace conversation is a disciplinary hearing, and employers are entitled to hold informal discussions. If the meeting could result in a warning, dismissal or another serious outcome, the employee should understand what they are walking into.
A clear written request can be helpful. An employee might say:
“Please can you confirm whether this is a disciplinary or grievance meeting, and whether I have the right to be accompanied? If so, I would like to be accompanied by a colleague or trade union representative.”
This can create a useful record if there is later disagreement about whether the employee asked to be accompanied.
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Why process still matters
The Wolfe decision does not give employers a free pass to keep employees in the dark and the Acas Code of Practice on disciplinary and grievance procedures sets out basic expectations for handling disciplinary and grievance issues fairly.
Employers should usually:
- investigate concerns
- explain the allegations
- give the employee a fair chance to respond
- allow the right to be accompanied where it applies
- offer a right of appeal
If an employee is dismissed after a meeting with little or no warning, the wider fairness of the process may still be challenged. An Employment Tribunal may look at whether the employee knew what the meeting was about, whether they had enough information to respond, whether the outcome appeared pre-decided, and whether the employer followed a reasonable procedure.
The right to be accompanied is only one part of a fair process and employees may still have other claims depending on what happened, including unfair dismissal, discrimination, whistleblowing detriment or breach of contract.
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What should employees do before a disciplinary meeting?
If you are invited to a disciplinary meeting, it is sensible to pause and check the details before attending.
You should ask for the allegations in writing, request copies of the evidence, check the employer’s disciplinary policy and confirm whether dismissal is a possible outcome. You should also ask to be accompanied if you want support at the meeting.
It may help to prepare a short, written response, gather relevant documents and make a timeline of what happened. If the allegation is serious, or if dismissal could follow, taking advice before the meeting can help you avoid mistakes that may be difficult to fix later.
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What if you were dismissed after an unexpected meeting?
If you have already been dismissed after a meeting that you did not know was disciplinary, you may still have options.
You should keep the dismissal letter, meeting notes, emails, rota records, messages and any documents showing how the meeting was arranged. You should also check whether you were offered a right of appeal and whether there is a deadline for appealing.
An appeal can be important, but Employment Tribunal time limits are strict: in many employment claims, the usual time limit is three months less one day from the act complained of, and Acas Early Conciliation is usually required before a claim can be brought.
It is important not to wait too long for an internal appeal or grievance to finish if a Tribunal time limit may expire.
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TLW Solicitors’ comment
“The Wolfe decision makes an important practical point for employees: if you want to be accompanied at a disciplinary or grievance meeting, you should ask clearly, preferably in writing, so there is a record of the request.
Employers, however, should not assume that keeping the purpose of a meeting vague avoids all legal risk. If an employee is called into a meeting without proper notice, is not told what the allegations are, or is dismissed before having a fair chance to respond, the overall fairness of the process may still be challenged.
Employees should take disciplinary meetings seriously, even if they are described as informal. If the meeting could affect your job, pay, reputation or future employment, it is worth checking your rights and taking specialist legal advice at an early stage.”
How TLW Solicitors can help
TLW Solicitors advises employees and workers on workplace disputes, disciplinary procedures, grievances, unfair dismissal, discrimination, redundancy and Employment Tribunal claims.
If you have been invited to a disciplinary meeting, refused the right to be accompanied, dismissed after an unexpected meeting, or are worried that your employer has not followed a fair process, we can help you understand your position, explore your options and possible next steps.
