Legal ruling | What is the 'right to be accompanied' to a disciplinary meeting, and what should HR know about it?

Workers must ask to be accompanied at a disciplinary or grievance hearing before the statutory right applies, the Employment Appeal Tribunal (EAT) has confirmed.

In Wolfe v Taka Mayfair Ltd, the EAT found that an employee who was dismissed during a meeting had not been denied the right to bring a companion because he had never requested one.

However, the judgment makes clear that employers could still face consequences in an unfair dismissal claim if they fail to explain the purpose of a disciplinary meeting or advise a worker of their right to be accompanied.

Sommelier dismissed following unannounced meeting

Leonardo Wolfe was employed by Taka Mayfair, which runs a restaurant, as a head sommelier and manager from December 2022 to January 2023.