Right to be accompanied to a hearing

Case 3: The facts

London Underground issued two employees with an informal oral warning. In neither case did it permit the employee to be accompanied to the hearing. The company argued that there was no obligation to allow a companion since the warning was informal.

The ruling

The EAT held that if the disciplinary procedure provides for an informal oral warning to be held on an employee's file and is effectively the first stage in the disciplinary procedure then in practice it serves as a formal oral warning. This gives workers the right to have a attend with them.

* London Underground v Ferenc-Batchelor [2003] IRLR 252