A recent decision of the Employment Appeal Tribunal (EAT) has underlined an important distinction between the statutory right to be accompanied and broader expectations of fair disciplinary practice. The judgment highlights that the statutory right only arises where a worker actually makes a reasonable request to be accompanied — even if the employer has not explained the purpose of the meeting beforehand. Employers should therefore ensure that workers are clearly informed of their rights before any meeting that may have disciplinary or grievance implications.
Background
The statutory right to be accompanied applies to all workers, regardless of length of service. For the right to arise, two statutory conditions must be met:
- the employer must require or invite the worker to attend a disciplinary or grievance hearing; and
- the worker must make a reasonable request to be accompanied.
The case of Wolfe v Taka Mayfair Ltd illustrates how strictly these conditions are applied. Mr Wolfe had worked for Taka for around one month as head sommelier and restaurant manager. At the end of a shift, the owners asked him to attend an unexpected face‑to‑face meeting and dismissed him during that discussion. He had not been told in advance what the meeting was about or that dismissal was a possible outcome.
Mr Wolfe brought a tribunal claim and later sought to add an allegation that his statutory right to be accompanied had been breached. He accepted that he had not asked to bring a companion but argued that he had been deprived of the opportunity to do so because the employer had not explained the nature of the meeting.
Employment Tribunal Decision
The tribunal refused permission to amend the claim, finding that the allegation could not succeed. Because Mr Wolfe had not made any request to be accompanied, the statutory right had not been engaged. The tribunal concluded that the statutory requirements were not met and that the claim was therefore bound to fail.
Employment Appeal Tribunal Decision
The EAT upheld the tribunal’s decision. In doing so, it emphasised several key points:
- Clear statutory wording: The legislation requires both conditions to be satisfied. As Mr Wolfe had not made a request, the right simply did not arise.
- No implied duty on employers: Although workers must act reasonably when requesting a companion, the statutory scheme does not impose a corresponding duty on employers to act reasonably when arranging meetings. The EAT acknowledged that this may leave workers unprotected where they are unaware of the meeting’s purpose, but held that the courts cannot rewrite the legislation.
- Role of the Acas Code: The Acas Code of Practice expects employers to inform workers of their right to be accompanied when inviting them to a disciplinary meeting. However, this best‑practice guidance cannot override the statutory requirement for a request.
The EAT also noted that an employer’s failure to notify a worker of their right to be accompanied may be relevant when assessing the fairness of a dismissal. This did not assist Mr Wolfe because he lacked the qualifying service to bring an unfair dismissal claim.
Implications for Employers
Although the decision confirms that an employer does not breach the statutory right simply by failing to mention it, relying on this technical point is risky. To ensure compliance and support fair process, employers should:
- clearly inform workers of their right to be accompanied when inviting them to any disciplinary or grievance hearing;
- set out the purpose of the meeting and any potential consequences in advance, ideally in writing;
- allow sufficient time for the worker to prepare and arrange a companion; and
- review internal policies, which may provide more generous rights than the statutory minimum.
These steps reflect the Acas Code and help demonstrate procedural fairness if an unfair dismissal claim is later brought.
The issue will become even more significant from 1 January 2027, when the qualifying period for ordinary unfair dismissal claims reduces to six months. Employers will face scrutiny of their procedures much earlier in the employment relationship, making clear communication and adherence to fair process essential.
19 August 2026