Protection from victimisation

Workers and their chosen companions have the legal right not to be subjected to any detriment by the employer as a result of exercising, or seeking to exercise, their right to be accompanied or to act as a companion. A detriment could include, for example, being overlooked for promotion, being selected for redundancy or being harassed or bullied for acting as or asking for a companion.

Dismissal for this reason is automatically unfair, and a claim can be brought from the first day of the employment.

The protection from victimisation extends to lay officials who are 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 who has been unfairly dismissed for acting as or asking for a companion can claim “interim relief”. This is a special remedy that is usually available only to an employee who has been dismissed for trade union activities or certain health and safety reasons. Section 12 of the ERA 99 extends this right to employees who have been dismissed for exercising their rights under section 10.

A successful claim for interim relief continues the obligation to pay the worker until the claim has been decided. An order for interim relief can be made pending a full hearing where the tribunal considers that the worker will succeed with the claim. Where an order for interim relief is made, this provides a very strong signal that the claimant is likely to win the case. The order is either for reinstatement, re-engagement or more usually continuation of the terms of the contract (including the obligation to pay wages and other benefits).

Remember that any claim for interim relief must be filed with the tribunal within seven days of dismissal.