In a recent decision, the Employment Appeal Tribunal (EAT) has considered the statutory right to be accompanied to disciplinary and grievance meetings. The statutory right to be accompanied means that workers can be accompanied to disciplinary and grievance meetings by a fellow worker, trade union representative, or trade union official. A worker may bring a standalone tribunal claim if that right is breached, with compensation of up to two weeks' pay. Crucially, however, the statutory right only arises where the worker reasonably requests to be accompanied, as well as satisfying the other conditions in the legislation.
In Wolfe v Taka Mayfair Ltd, the claimant was employed as a Head Sommelier / Manager at a Mayfair restaurant for a short period between 21 December 2022 and 21 January 2023. At the end of a shift, and without advance warning, the two owners of the respondent had a face-to-face discussion with him, at the end of which he was dismissed. The claimant initially brought claims for unfair dismissal and disability discrimination. After parts of his claim were struck out, the claimant sought to amend his claim to add a complaint that he had been denied his statutory right to be accompanied to the meeting. The tribunal refused the amendment on the basis that the claim was bound to fail, and the claimant appealed.
The EAT dismissed the appeal. The legislation sets out two “...
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