Statutory right to be accompanied: EAT considers when statutory right to be accompanied arises

Key points

• In London Underground Ltd v Ferenc-Batchelor and Harding v London Underground Ltd [2003] IRLR 252, the EAT holds an "informal oral warning" - which was in fact confirmed in writing, continued to have effect for up to 12 months, formed part of the employee's disciplinary record and could be taken into account by management if a formal disciplinary process was instigated - in reality constituted a "formal warning", giving rise to the statutory right of the employee to be accompanied to the disciplinary hearings that resulted in that warning being given.
• A hearing that could result only in the administration of a genuine "informal warning" does not give rise to a right to be accompanied.