Page 31 - BOSS Today Issue 19

“Within defined

categories, the
companion can

be whomsoever the

employee wishes.”

PRISONER’S
for their colleague to attend
the grievance hearing with
them - the two individuals had,
FRIEND? breach of their rights to be
in effect, waived any potential

accompanied by a companion
of their choice, and so found in
favour of the employer.
On appeal, the EAT rejected
this approach and confirmed
that, by opting for another
companion, the employees
did not waive the right to
be accompanied. As noted
Who is A when an employee is refused above, the ERA 1999 restricts
common topic that
the categories of who can
permitted to is consistently put their first choice of companion? accompany: however within
to employment
these defined categories
This question was recently
accompany an lawyers, both by employers and answered in the Employment the companion can be
employees, is “Who can attend a Appeals Tribunal (‘EAT’) case whomsoever the employee
employee into disciplinary or grievance hearing of Toal v GB Oils Ltd. Here, wishes.
an employment as an employee companion?” two employees sought to
This question is generally progress grievances and elected Conclusion
tribunal? The then followed by a description for a particular trade union The EAT therefore remitted
answer is not as of an unusual request for an representative to accompany the matter to the original
employee’s neighbour, mother,
tribunal for compensation to
them. The employer declined
simple as it may long-lost cousin or dog-walker to allow this representative to be assessed. We don’t know
to accompany them to their attend with each of them, and what the Tribunal will decide,
first appear... hearing. An employer is free so the two employees selected but ERA 1999 provides that any
to concede to such requests a co-worker to accompany them such compensation should be
if they are ‘reasonable’, and instead. linked to the loss and detriment
most commonly whether they In the event, the two suffered by the employee. If, as
are likely to aid in the smooth employees didn’t like the seems likely, there has been no
running of the hearing. outcome of their grievances, quantifiable loss or detriment,
The specific legislation and tried to bring a claim then the two employees above
(section 10 of the Employment for compensation against can look forward to the princely
Relations Act 1999 ‘ERA 1999’) their employer for breach sum of 40 shillings, old money!
does, of course, provide only of their statutory right
for a trade union official or to be accompanied by a n FOR FURTHER
co-worker to accompany an representative of their choosing. INFORMATION CONTACT
employee in such hearings. The original employment THE BOSS HR TEAM ON
What, then, is the position tribunal held that - in electing 0845 450 1565

October 2013 | BOSS TODAY 31

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