(1) An employment tribunal was entitled to hold that an investigative meeting with a manager inquiring into another employee’s grievance was not a ‘disciplinary hearing’ at which the applicant had a right to be accompanied under section 10 Employment Relations Act 1999, notwithstanding that the matters to be discussed could lead to some later disciplinary process against him: London Underground v Ferenc-Batchelor [2003] IRLR 252 followed.
(2) A tribunal has power under section 172 Trade Union and Labour Relations (Consolidation) Act 1992 to award an appropriate sum as compensation to an individual union official for being deprived of time off for his union duties in breach of section 168 even though no financial or other special loss is claimed or proved, though the principle remains compensation and not punishment: Hardy v Polk (Leeds) Ltd [2004] IRLR 420 and Susie Radin Ltd v GMB and others [2004] IRLR 400 distinguished.
Citations:
[2005] UKEAT 0763 – 03 – 0703
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 April 2022; Ref: scu.224725
