Mr P Birkett v Newrest (England and Wales : Right To Be Accompanied) [2020] UKET 2401491/2020 (1 May 2020)

Mr P Birkett v Newrest (England and Wales : Right To Be Accompanied) [2020] UKET 2401491/2020 (1 May 2020)

The tribunal found that the claimant was denied his statutory right to be accompanied at a disciplinary hearing, which constitutes a breach of section 10 of the Employment Relations Act 1999.

Citation
[2020] UKET 2401491/2020
Parties
Claimant: Mr P Birkett; Respondent: Newrest
Jurisdiction
United Kingdom
Judgment Date
01 May 2020
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Right to Be Accompanied, Disciplinary Hearings
Employment Law Right to Be Accompanied Disciplinary Hearings

Case Brief

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Parties

Mr P Birkett

Claimant

Newrest

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was denied the statutory right to be accompanied at a disciplinary hearing

Ratio Decidendi

The tribunal found that the claimant was denied his statutory right to be accompanied at a disciplinary hearing, which constitutes a breach of section 10 of the Employment Relations Act 1999.

Court Disposition

Claim upheld

Orders

  • Respondent to pay compensation to the claimant for breach of the right to be accompanied