The case reiterated earlier case law in relation to failure to allow an employee to be accompanied by a representative of their choosing at a disciplinary hearing.
The court heard that the employer refused to permit the employee’s chosen companion, leading to a breach of the employee’s rights. However, since there was no loss or detriment attributable to that failure, the employee was awarded nominal compensation.
It is important to note that the employer in this case undertook the disciplinary process in a considerate and detailed manner, taking into account the long service of the employee. Undoubtedly the Employment Tribunal will not take such an approach where there are other flaws in the disciplinary process.