Compensation for Right of Accompaniment Breach

One of the factors that strikes many employee's as perverse (with good reason) is that an employment tribunal, when it finds that an employer has unfairly dismissed an employee, can (and often does) offer no compensation for that breach of their legal rights. In the recent tribunal judgement of Pullar v Tangerine (2020) that is … Continue reading Compensation for Right of Accompaniment Breach

The right of accompaniment beyond section 10 of the Employment Relations Act 1999

A couple of weeks ago I highlighted an old ET decision on the right of accompaniment, the 2017 decision in Everitt v Regal Consultancy (2017) raises another issue linked to the right to be accompanied, that of whether a worker can be accompanied by a family member who is not a trade union representative or … Continue reading The right of accompaniment beyond section 10 of the Employment Relations Act 1999

Sacked for helping colleague

I have been doing some work recently on the right of accompaniment in disciplinary hearings and have come across a 2012 judgement that emphasises some of the protections a co-worker has if they accompany a colleague to a disciplinary or grievance meeting. The decision, Evans v Opensight (2011) is a first tier tribunal decision but … Continue reading Sacked for helping colleague

Deferring disciplinary and grievance hearings beyond five working days – Talon v Smith

The ACAS Code of Practice on Disciplinary and Grievance Procedures has been pretty much constant for a number of years. Personally I think that is a shame as I find it decidedly lacking in vision, and little more than a checklist of what to avoid to prevent a grossly prejudicial decision; less a roadmap to … Continue reading Deferring disciplinary and grievance hearings beyond five working days – Talon v Smith

The Right to Accompaniment and Unfair Dismissal

I have discussed the right of accompaniment on this blog before in the context of the worker's right under section 10 of the Employment Relations Act 1999. One component of that right is an explicit right that if a worker's chosen companion at a formal grievance of disciplinary meeting is unavailable then the worker can … Continue reading The Right to Accompaniment and Unfair Dismissal

Eight Ways Employers Interfere with the Right to Accompaniment

Section 10 of the Employment Relations Act 1999 introduced the right of a worker to be accompanied by a trade union official (full time officer or local representative) or fellow employee of the employer. If the right is breached then an employee has a freestanding right to make a claim to an employment tribunal for … Continue reading Eight Ways Employers Interfere with the Right to Accompaniment