Between a rock and a hard place? ACAS to amend code on right to be accompanied
In July, the Employment Appeal Tribunal (EAT) in Toal v GB Oils Ltd came to the unexpected conclusion that an employee’s choice of companion for a disciplinary or grievance hearing does not need to be ‘reasonable’ but suggested that any compensation for a breach of statutory rights on this basis should be nominal (£2 was mentioned).
The legislation says that the employee can choose a companion as long as certain requirements as to the identity of the companion are fulfilled (they must be an employee or a union official or certified by the union as having experience or training in acting as a companion).
Although the ACAS Code of Practice on disciplinary and grievance procedures suggests that there may be circumstances in which it will not be ‘reasonable’ to request a particular companion (for example, the code says it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing or by a companion from a remote geographical location if someone suitable and willing was available on site), the EAT in Toal decided that the legislation was clear and therefore the code was not relevant. The employer had breached the employee’s rights by refusing to allow him to be accompanied by the employee of his choice…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump