The recent case of Toal and another v GB Oils Ltd before the EAT last year held that the right to choose a companion was an absolute right which was only subject to the limitations imposed under s10(3) of the Employment Relations Act 1999 which defines a companion as an appropriate union representative or one of the employee’s co-workers.

ACAS has launched consultation on proposed amendments to the Code of practice on Disciplinary and Grievance Procedures and specifically paragraphs 15 and 36 in what constitutes a reasonable request since it accepts that the current Code does not reflect Toal. The Code does not currently make it clear that employees may choose whoever they like to be their companion provided they come from one of the statutory defined categories of companion.