Right to be accompanied

Produced by Tolley in association with

Employment Tax

Guidance

Any worker, as defined in Employment Relations Act 1999 (ERA 1999), who is required or invited by their employer to attend a disciplinary or grievance hearing has the right to be accompanied.

Who has the right?

This right covers anyone, regardless of their length of service, who is a 'worker' as defined, namely:

Individuals who have entered into, or work under, a contract of employment or any other contract under which the individual has agreed personally to undertake work or services for another party who is not a client or customer of that individual's own business	ERA 1999, s 13(1)(a) ERA 1996, s 230(3)
Agency workers	ERA 1999, s 13(1)(b), (2)
Home workers	ERA 1999, s 13(1)(c), (3)
Persons in Crown employment (except for members of the armed forces, the Security Service, the Secret Intelligence Service, and GCHQ)	ERA 1999, ss 13(1)(d), 15 ERA 1996, s 191
‘Relevant’ members of staff of the House of Lords or House of Commons	ERA 1999, s 13(1)(e) ERA 1996, ss 194(6), 195(5)

Hearings

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Becky Lawton

Associate Solicitor at Charles Russell Speechlys LLP

Becky is a member of the Employment, Pensions & Immigration group and advises on all aspects of employment law, both contentious and non-contentious. On the contentious side, she has expertise in dealing with a broad range of employment tribunal claims, including unfair dismissal, discrimination on the grounds of age, sex and disability, part-time working and unlawful deductions of wages. Her non-contentious experience includes drafting and advising on a wide range of employment contracts, consultancy agreements and company policies and procedures. Becky also advises in relation to post-termination disputes with former senior executives and regularly advises on settlement negotiations and severance terms. She regularly publishes articles on all aspects of employment law, speaks at seminars and provides bespoke client training.

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