The case of Toal and another v GB Oils Ltd UKEAT/0569/12 concerned a dispute between two workers and an employer over their choice of companion for a grievance hearing. The EAT found that the workers had the right to be accompanied at a disciplinary or grievance hearing by any companion as long as he or she falls into one of the approved categories listed in the Employment Relations Act 1999. These include trade union officials, certified union representatives or fellow workers. The dispute centred on whether the workers' choice had to be 'reasonable' or whether it was only the 'request to be accompanied' that had to be reasonable. The employer relied on an interpretation of the Code of Practice on Disciplinary and Grievance Procedures to argue it was not reasonable to have as a companion someone who could be prejudicial to the hearing. The EAT ruled that there was no requirement for the choice of companion to be reasonable, as long as the choice came from an approved category. Given the EAT’s clarification of the law, Acas have announced that they will be amending the Code to reflect the EAT’s decision.
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