Winckworth Sherwood

UK 200 2014 position: 81

A worker’s right to be accompanied

Section 10 of the Employment Relations Act 1999 (ERA) states that workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable. What constitutes a reasonable request is not defined in the act. However, the Acas Code of Practice on Disciplinary and Grievance Procedures states that it would not normally be reasonable for a worker to insist on being accompanied by a companion who would have to come from a remote geographic location if someone suitable and willing was available on site, or by someone whose presence would prejudice the hearing.

However, early last year, the Employment Appeal Tribunal in the case of Toal and another v GB Oils suggested that the code of practice did not accurately reflect the law on the statutory right of accompaniment…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.


Minerva House
5 Montague Close

Turnover (£m): 30.48
No. of lawyers: 117