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ARTICLE · 08 SEPTEMBER 2026

The Right To Be Accompanied: Don’t Ask, Don’t Get!

Weightmans LLP
Weightmans LLP
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Weightmans LLP

Weightmans LLP

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A recent Employment Appeal Tribunal case examines the statutory requirements for workers to exercise their right to be accompanied at disciplinary and grievance hearings. The decision clarifies when this right arises and what obligations employers have when convening such meetings, highlighting a potential gap in worker protections.

United KingdomEmployment and HR
Matt Smith
Matt Smith

Wolfe v Taka Mayfair [EAT] is a reminder of the requirements that must be satisfied before the right arises to be accompanied by a work colleague or trade union representative.

Facts

Mr Wolfe worked at Taka Mayfair Ltd’s restaurant as head sommelier and manager for approximately one month. He alleged that after his shift ended, the restaurant owners held a discussion with him, with no prior notice and without explaining the meeting’s purpose or possible outcome. At the end the meeting he was dismissed.

Employment Tribunal decision

He brought an employment tribunal claim and subsequently applied to amend it to add a complaint of breach of the right to be accompanied under section 10 Employment Relations Act 1999.

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