ACAS has recently issued a revised version of its Code of Practice on Disciplinary and Grievance Procedures. The only change is to the rules on the right to be accompanied to disciplinary and grievance hearings. Workers have a statutory right to be accompanied to such hearings by a person from one of the statutory categories (a trade union representative or fellow employee). The change to the Code reflects the EAT’s judgement in the 2013 case of Toal v GB Oils. The Code has been amended to make it clear that employers must agree to a worker’s request to be accompanied by a companion from one of the statutory categories. Therefore, workers have an absolute right to choose their companion and do not need to be reasonable about who they chose. The amended Code also sets out that a worker may change their chosen companion if they wish.
Click here for a copy of the amended Code of Practice.