Wolfe v Taka Mayfair Ltd [2026] EAT 106
The Employment Appeal Tribunal (“EAT”) recently considered the scope of the statutory right to be accompanied at disciplinary and grievance hearings in the case of Wolfe v Taka Mayfair Ltd [2026] EAT 106. The case addresses an important question: can an employee bring a claim for breach of the right to be accompanied where they were not informed that a meeting was disciplinary in nature, and therefore did not realise they needed to request a companion?
Facts
Mr Wolfe (“W”) was employed by Taka Mayfair Ltd (“TM”), a restaurant business, as Head Sommelier/Manager. W alleged that, at the conclusion of a shift, he was unexpectedly called into a face-to-face meeting with the restaurant’s two owners without notice of its purpose. He was not told that disciplinary matters would be discussed and was not advised of any right to be accompanied. W was dismissed at the meeting.
W subsequently brought Employment Tribunal proceedings arising from the termination of his employment. During the litigation, W sought permission to amend his claim to include a complaint that TM had breached his statutory right to be accompanied at a disciplinary hearing under s.10 of the Employment Relations Act 1999 (“ERA 1999”). Under s.10 ERA 1999 a worker has a statutory right to be accompanied during disciplinary or grievance hearings by a colleague or trade union representative. The right applies when an employer requires or invites a worker to attend a disciplinary or grievance hearing and the worker makes a reasonable request to be accompanied.
The Tribunal accepted, for the purposes of W’s application, that the meeting could potentially constitute a disciplinary hearing, in which W would have the right to be accompanied. However, he had never requested to be accompanied before, during or after the meeting. The Tribunal therefore concluded that one of the essential statutory conditions had not been satisfied (being that the right applies where a worker reasonably requests to be accompanied) and that any s.10 ERA 1999 claim was bound to fail. As a result, the application to amend the claim was refused.
W appealed to the EAT.
Decision
The EAT dismissed the appeal and upheld the Tribunal’s decision.
The EAT carefully considered the wording of ERA 1999, which sets out two conditions to be satisfied before the statutory right to be accompanied arises.
Those conditions are:
(1) there must be a disciplinary or grievance hearing; and
(2) the worker must make a reasonable request to be accompanied.
The EAT held these are mandatory preconditions, meaning the absence of a reasonable request by the worker means the rights conferred by the section do not arise. Any claim for a breach of s.10 ERA 1999 was therefore bound to fail.
W additionally argued the requirement to make a request “reasonably” implied a corresponding obligation on the employer to act reasonably. In particular, W argued that employers should be required to make employees aware of the nature and purpose of a meeting so that they can decide whether to exercise their right to be accompanied. He contended that it could not have been Parliament’s intention to allow employers to avoid the operation of s.10 ERA 1999 simply by failing to identify a meeting as disciplinary in nature. The EAT rejected this argument, finding the statutory language was clear and unambiguous, leaving no scope to depart from the wording of the legislation by reference to wider questions of Parliamentary purpose.
While not necessary to determine the appeal, the EAT considered whether a worker could make a reasonable request to be accompanied during a meeting, when they realised it was disciplinary or grievance related. The EAT held this point was arguable so as to potentially engage the right from that point onwards. However, that observation did not assist W because he had not made a request at any stage.
Key Takeaways for Schools and MATs
This decision provides useful guidance for Schools and Multi Academy Trusts (“MATs”) dealing with disciplinary and grievance matters. The EAT has confirmed that the statutory right to be accompanied is not automatic and is dependent upon a worker taking the positive step of reasonably requesting accompaniment.
However, it is important to note this decision is limited only to the statutory right to be accompanied under s.10 ERA 1999, and does not impact wider legal obligations relating to fairness, reasonableness or compliance with any applicable workplace policies and procedures, as well as the Acas Code of Practice on Disciplinary and Grievance Procedures (“Acas Code”). Failing to provide fair notice of the nature of formal processes and their right to be accompanied will certainly remain relevant to other claims, including claims for unfair dismissal.
Fortunately, Schools and MATs will in the majority of cases operate workplace policies that are far more generous than the statutory minimum including as regards any right to be accompanied. Schools and MATs should continue to follow good HR practice by:
- Giving reasonable and advance notice of any workplace meeting;
- Clearly identifying disciplinary and grievance meetings in advance;
- Detailing in advance the issues to be discussed;
- Reminding staff of their right to be accompanied;
- Ensuring compliance with the Acas Code and any other statutory or good practice guidance;
- Maintaining written records of invitations to meetings and communications;
- Avoiding unannounced disciplinary or other formal meetings; and
- Training managers on the procedural requirements that apply when conducting workplace processes.
This briefing is not intended to be a definitive statement of the law and is correct at the time of publication. It should not be taken as a substitute for professional legal advice. It does not represent the views of Winckworth Sherwood or any of the authors.
If your school or MAT require advice and assistance in relation to disciplinary or grievances procedures, or any other school HR or employment law related matter, please contact Winckworth Sherwood’s dedicated Schools HR helpdesk on schoolshr@wslaw.co.uk or 0345 026 8690.