Enforcing the right to be accompanied

If an employer fails, or threatens to fail, to comply with a worker’s request to be accompanied or to postpone the date of the hearing, the worker can bring a claim in the employment tribunal under section 11 ERelA 99.

The claim must be brought within three months of the date of the failure or threat not to comply or, if that is not practicable, as soon afterwards as is reasonable.

If the complaint is upheld, the tribunal will order the employer to pay compensation of up to two weeks’ pay (subject to the maximum cap on a week’s pay: £538 from 6 April 2021).