Workplace Report April 2004

Law - Tribunal procedures

Right of appeal - companion rights

Case 2: The facts

Jane Wolstenholme was dismissed following a meeting with her employer. She had asked for permission to bring a companion to the meeting but the request had been turned down, in breach of the statutory right under section 11 of the Employment Relations Act 1999. An employment tribunal found in her favour, and her employers appealed to the EAT.

The ruling

The EAT held that there was no right to appeal to the EAT on any matters related to the right to bring a companion. The EAT noted that this point had not been appreciated and had not previously been raised in cases.

Refreshment Systems v Wolstenholme EAT/0608/03