This employment tribunal decision provides a useful example for employers of what the legislation on the right to be accompanied means when it says that the right applies where a worker "reasonably requests" to be accompanied at a disciplinary hearing, an issue on which there is a surprising paucity of case law.
This employer lost an employment tribunal case because it did not allow an employee who was still on his probationary period be accompanied at a meeting at which he was informed that he was being dismissed.
This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.
Assumptions that an individual accused of sexual harassment must be guilty can be costly, as this council found out after a tribunal awarded the claimant £169,000 for sex discrimination and constructive dismissal.
David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that there is no requirement for an employee's request to be accompanied by a particular companion to a discipline or grievance meeting to be reasonable, provided the companion is within one of the categories set out in s.10(3) of the Employment Relations Act 1999.
The Employment Appeal Tribunal has reiterated the importance of employers carrying out a sufficiently thorough disciplinary investigation where there are allegations of criminal behaviour.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a manager was unfairly dismissed for behaving in an "over-authoritarian manner" because he was not warned that a possible consequence of continuing to act in this way was dismissal.
David Malamatenios is a partner and Colin Makin, Linda Quinn, Krishna Santra and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.