Right to be Accompanied

In Wolfe v Taka Mayfair, Mr Wolfe worked as head sommelier and manager at the Respondent's restaurant. On his account, the two owners called him into a meeting after a shift, without warning and without explaining its purpose. At the end of it he was dismissed. He never asked to be accompanied, because he did not realise until too late that the meeting could end in dismissal. He argued the Respondent had breached his right to be accompanied at a disciplinary hearing under s10 Employment Relations Act 1999.

The Employment Appeal Tribunal held the claim was bound to fail. The right to a companion arises only if the worker actually asks for one. No request means no right. The statute is clear, leaving no room to imply a duty on employers to explain what a meeting is for or to flag the right. An employer's silence may count against it in an unfair dismissal claim, but it does not breach the right to be accompanied. Any gap in the protection is for Parliament to fill.

The EAT noted, without deciding, that a request made during a meeting, once its true nature becomes clear, might be enough.

What does this mean for you?

While this case proves that an employer's silence about having a companion might be legal under the Right to be Accompanied statute, 'ambush meetings' can still fast-track you to the Employment Tribunal. Even if the law doesn't strictly force you to flag the right to a companion, employment tribunals expect transparency and it would be raised in an unfair dismissal claim when considering the "reasonableness" question.

Starford's training workshops can equip your team with the protocols needed to handle dismissals correctly. Get in touch via hello@starfordlegalhr.com to discuss bespoke training solutions for your organisation.

Source: Daniel Barnett