Employee’s choice of companion

14 Aug Employee’s choice of companion

In Stevens v University of Birmingham [2015], the High Court decided that an employer’s refusal to allow the employee’s choice of companion to attend a disciplinary investigation meeting concerning serious allegations of misconduct, was a breach of mutual trust and confidence. Although the express terms of the relevant contractual disciplinary procedure allowed a trade union representative or a staff member to attend as a companion (as set out in section 10 of the Employment Relations Act 1999), the court held that these terms were modified by the overriding obligation of trust and confidence.