Roberts v GB Oils Ltd: EAT 14 Oct 2013

EAT Right To Be Accompanied – This appeal invited us to reconsider the recent EAT decision in Toal and Hughes v GB Oils Ltd [2013] IRLR 696 that the Employment Tribunal in considering whether where there has been a failure to allow an employee to be accompanied by the companion of his choice, where he reasonably requested a companion (s.10 ERA 1999), cannot consider the nature or qualities of the chosen companion as long as he is within s.10(3), and is limited to considering whether it was reasonable for the employee to request a companion.
We expressed some concern about the effect of Toal; what if the chosen companion had a history of disruptive behaviour? However, we followed Toal, having regard to the acceptance on behalf of the Claimant that if the rejection of the companion was on the facts justified the ET could reduce the compensation, even to nil.

Jeffrey Burke QC
[2013] UKEAT 0177 – 13 – 1410
Employment Relations Act 1999 10
England and Wales
ConsideredToal and Another v GB Oils Ltd (Statutory Discipline and Grievance Procedures) EAT 22-May-2013
Whether choice of companion to accompany employee at grievance hearing must be ‘reasonable’ (No). Whether employee refused first choice of companion waives . .

Lists of cited by and citing cases may be incomplete.


Updated: 01 December 2021; Ref: scu.522352