When is the right to be accompanied triggered? Reflections from Wolfe v Taka Mayfair Ltd

The Employment Appeal Tribunal (“EAT”) has handed down an important decision on the statutory right to be accompanied at disciplinary and grievance hearings. In Wolfe v Taka Mayfair Ltd [2026] EAT 106, the EAT confirmed that an employee cannot bring a claim for breach of section 10 of the Employment Relations Act 1999 (“the Act”) unless they have first made a request to be accompanied. This is true even when, as in this case, the employee is not told in advance of the purpose of the hearing.

The facts

Mr Wolfe was the Head Sommelier at a restaurant. One day, and without warning, Mr Wolfe was called into a meeting during which he was dismissed. Mr Wolfe brought an Employment Tribunal (“ET”) claim against his ex-employer, which he then tried to amend to include a complaint that his ex-employer had breached his statutory right to be accompanied under section 10 of the Act. Mr Wolfe argued that, as he had not known the purpose of the meeting at which he was dismissed, he had been deprived of the opportunity to request accompaniment.

The ET refused Mr Wolfe’s requested amendment on the basis that the claim under section 10 of the Act was bound to fail. On appeal, the EAT upheld the ET’s decision.

The EAT’s decision

The EAT focused on the wording of section 10 of the Act. The statutory right to be accompanied arises only where two conditions are met: (1) the worker is required or invited to attend a disciplinary or grievance hearing; and (2) the worker “reasonably requests” to be accompanied. The EAT found that there was no ambiguity in the second condition: if no request is made, the right cannot arise, regardless of whether the worker was informed in advance to the nature of the meeting. The EAT noted that it would be for Parliament to address any gap in protection through further legislation.

Practical lessons for employers

This decision clarifies the trigger for the statutory right to be accompanied, and liability for failure to comply with that right. Employers will not automatically face liability under section 10 of the Act simply because a worker attends a disciplinary meeting, even an impromptu one, unaccompanied. It is a necessary prerequisite that the worker reasonably requests to be accompanied.

However, failure to give a worker fair warning of the nature of a disciplinary meeting and of their right to be accompanied can still be relevant to claims other than those under section 10 of the Act, including claims for unfair dismissal. The ACAS Code of Practice recommends informing employees of their right to be accompanied in disciplinary and grievance proceedings. ETs will take the ACAS Code into account when considering the procedural fairness of an employer’s process.

Therefore, best practice continues to require employers to provide clear written invitations to disciplinary and grievance hearings which explain the purpose of the meeting and expressly remind employees of their right to be accompanied. Doing so reduces the risk of disputes, and the employer’s exposure in any such disputes.

If you have any questions on anything outlined above, get in contact with Peter Kerr-Davis.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further advice.