Right to be accompanied

By Tolley

The following Employment Tax guidance note by Tolley provides comprehensive and up to date tax information covering:

  • Right to be accompanied
  • Who has the right?
  • Hearings at which the right applies
  • Who may accompany?
  • The companion's role
  • The right to legal representation?
  • Requests to postpone hearings
  • Time off for companions
  • Claims arising from the right to be accompanied
  • Failures to comply with the right to be accompanied
  • Subjecting workers or their companions to a detriment
  • Dismissing workers or their companions

Please note that case references and references to the Employment Relations Act 1999 (ERA 1999) in this guidance note are all subscription sensitive.

Any worker who is required or invited by his employer to attend a disciplinary or grievance hearing has the right to be accompanied.

ERA 1999, s 10(1)
Who has the right?

This right covers anyone, whatever their length of service, who is a 'worker' as defined, namely:

individuals who have entered into, or work under, a contract of employment or any other contract under which the individual has agreed personally to undertake work or services for another party who is not a client or customer of that individual's own businessERA 1999, s 13(1)(a)
ERA 1996, s 230(3)
agency workersERA 1999, ss 13(1)(b), 13(2)
home workersERA 1999, ss 13(1)(c), 13(3)
persons in Crown employment (except for the armed forces, the Security Service, the Secret Intelligence Service, or GCHQ)ERA 1999, ss 13(1)(d), 15
ERA 1996, s 191
'relevant' members of staff of the House of

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