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.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
Judgments handed down from the People’s Court all over the country will be available online from 1 January 2014, as part of the initiative by the Supreme People’s Court of China (SPC) to increase judicial transparency.
An issue that comes up fairly regularly in redundancy selection is whether employers must consider all employees in similar roles or whether they can opt for a ‘pool of one’.
Analysis from The Lawyer
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies
The Russian legal market faces a new era as the government opens the door to greater business transparency, but not everything is open to scrutiny