Right to Be Accompanied - Disciplinary/Grievance Hearings

Toal & another v GB Oils Ltd - The Employment Appeal Tribunal has put ACAS guidance on the matter of having a companion or trade union official accompanying them to a disciplinary or grievance into context. Under section 10(1) of the Employment Relations Act 1999 workers have the right to "reasonably request to be accompanied at a disciplinary or grievance hearing". A worker or employer cannot waive his/her right to have their preferred choice of companion or representative present. Any attempt to do so would be void. Failure to comply can result in an award of up to 2 weeks' pay.

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