Protection from victimisation
[ch 8: pages 61-62]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. This could include, for example, being overlooked for promotion, or being harassed or bullied. Dismissal for this reason is automatically unfair, and a claim can be brought from the first day of the employment.
Protection from victimisation extends to lay officials called into another workplace as a companion. Although not automatically entitled to paid time off (see above), they are protected from victimisation by their own employer.
An employee unfairly dismissed for acting as 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 of the ERA 99). For more information on interim relief, see LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).
A claim for interim relief must be filed with the tribunal within seven days of dismissal. Acas early conciliation does not apply.