Roberts v GB Oils Ltd (Right To Be Accompanied) [2013] UKEAT 0177_13_1410 (14 October 2013)

Roberts v GB Oils Ltd (Right To Be Accompanied) [2013] UKEAT 0177_13_1410 (14 October 2013)

The right to be accompanied at a disciplinary hearing under s.10 ERA 1999 is the employee's, and the employer cannot refuse the companion based on their identity or qualities if they fall within s.10(3). Waiver of this statutory right is prohibited. The word 'reasonably' qualifies the request to be accompanied, not...

Source-derived case information.

Citation
[2013] UKEAT 0177_13_1410
Parties
Appellant: Claimant; Respondent: GB Oils Ltd
Jurisdiction
United Kingdom
Judgment Date
14 October 2013
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Right to Be Accompanied, Statutory Interpretation, Waiver of Statutory Rights
Employment Law Right to Be Accompanied Statutory Interpretation Waiver of Statutory Rights

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Parties

Claimant

Appellant

GB Oils Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether an employee's right to be accompanied at a disciplinary hearing under s.10 Employment Relations Act 1999 can be waived
  2. 2 Whether the employer can refuse a companion based on their identity or qualities
  3. 3 Proper construction of 'reasonably requests' in s.10(1)(b) ERA 1999

Ratio Decidendi

The right to be accompanied at a disciplinary hearing under s.10 ERA 1999 is the employee's, and the employer cannot refuse the companion based on their identity or qualities if they fall within s.10(3). Waiver of this statutory right is prohibited. The word 'reasonably' qualifies the request to be accompanied, not the choice of companion.

Court Disposition

appeal allowed

Orders

  • Claim remitted to Employment Tribunal for assessment of compensation under s.11 Employment Relations Act 1999
  • No order for costs