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Gnahoua v Abellio London Ltd
In an unusual case, an employment tribunal has awarded nominal compensation of £2 for a breach of an employee's right to be accompanied to a disciplinary hearing. The tribunal awarded such a small amount because it decided the employee had not suffered any loss or detriment.
In this case, Abellio had a policy of refusing to permit two brothers (who were PTSC union officials) to accompany employees at disciplinary or grievance meetings. This was because an employment tribunal, in separate proceedings by one of the brothers against Abellio, had awarded £10,000 in costs against both brothers for vexatious conduct. This conduct had involved falsifying the date on which a witness statement was prepared. Abellio therefore took the view that the brothers had attempted to obtain substantial compensation from it using dishonest means and so banned them from acting as companions.
In the instant case, Abellio refused to permit Mr Gnahoua to be accompanied by one of the brothers. However, while this breached his right to be accompanied by a work colleague or trade union representative, which is unconditional, the tribunal found that he had not suffered any loss or detriment. For example, the tribunal found that Abellio had conducted Mr Gnahoua's disciplinary hearing in a considerate and thorough fashion, going through his arguments and taking into account his long service .
In Practice
The reason the employment tribunal awarded such a small amount of compensation was very specific to this case. For example, the tribunal found that Abellio had conducted Mr Gnahoua's disciplinary hearing in a considerate and thorough fashion, going through his arguments and taking into account his long service. He had therefore not suffered any detriment or loss by not being accompanied to the hearing. However, as it was a technical breach, they were bound to award something, hence the nominal amount.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and the Employment team will be happy to discuss it with you.
