In Wolfe v Taka Mayfair Ltd [2026] EAT 106, the EAT confirmed that an employer cannot be liable for breaching the statutory right to be accompanied unless the worker has made a request to be accompanied.
The claimant, a head sommelier, alleged that he was called into an unannounced meeting after his shift and dismissed without being told in advance what the meeting was about. He later sought to amend his tribunal claim to include a complaint that his right to be accompanied had been breached under section 10 of the Employment Relations Act 1999.
The EAT held that the right under the said section 10 depends on two statutory conditions: the worker must be required or invited to attend a disciplinary or grievance hearing, AND the worker must reasonably request to be accompanied. As no request was made, the right was not engaged.
The EAT accepted that this may leave a gap where an employee is ambushed by a meeting, but said that is for Parliament to address.
