ACAS has issued a new Code of Practice on Disciplinary and Grievance
Procedures, which came into force last Wednesday (11 March
2015).
The new Code has been issued due to uncertainty regarding
workers' statutory rights to be accompanied by a trade union
representative or fellow worker at disciplinary and grievance
hearings, following the EAT decision in Toal and another v GB Oils Ltd.
In Toal, the EAT held that an
employee's right to choose a companion is an absolute
right, which is subject only to the requirement set out in the
Employment Relations Act 1999 that the companion be a trade union
representative or fellow worker.
This decision was at odds with the previous version of the ACAS
Code, which stated "To exercise the right to be accompanied a
worker must first make a reasonable request. What is reasonable
will depend on the circumstances of each individual case."
