The right to be accompanied only applies if an employee asks
In the case of Wolfe v Taka Mayfair [2026] the EAT decided that an employee’s legal right to be accompanied at a disciplinary hearing will only arise if the employee actually requests to be accompanied.
Facts
Wolfe was employed as Head Sommelier and manager.
He was called into a meeting with the owners of the business, without advance notification or explanation as to the purpose of the meeting.
Wolfe was dismissed from his employment.
Wolfe claimed that he was denied his legal right to be accompanied under S10 of the Employment Relations Act 1999. His claim failed.
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