Enforcing the right to be accompanied
[ch 8: pages 58-59]If an employer fails to comply with a worker’s request to be accompanied, they can bring a claim in the employment tribunal. A claim can also be brought if the employer fails to rearrange a hearing to a reasonable date proposed by the worker if the companion was unable to attend on the initial date proposed. The tribunal can order compensation of up to two weeks’ pay (subject to the maximum cap on a week’s pay: £475 (2015-16)).
As with all tribunal claims, a fee (£160) must be paid to issue the claim, followed by a further fee (£230) for any hearing. Acas Early Conciliation applies. For more information about bringing a tribunal claim, see LRD’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1771).