Protection from victimisation
[ch 3: pages 27-28]Workers and their chosen companions have the legal right not to be subjected to any detriment by the employer for exercising, or seeking to exercise, the right to be accompanied or to act as a companion (section 12 ERelA 99). This could include, for example, being overlooked for promotion, or being harassed or bullied.
The dismissal of a worker for exercising these rights is automatically unfair: there is no qualifying period of employment and, unusually, the worker does not have to be an “employee” (section 12(3) ERelA 99).
A worker unfairly dismissed for acting as a companion or asking for a companion can claim interim relief — an order requiring the employer to continue paying wages under the employment contract until the full hearing of the tribunal claim (Section 12(5) ERelA 99).
A claim for interim relief must be filed with the tribunal within seven days of dismissal. Acas early conciliation does not apply.