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Stevens v University of Birmingham
The Claimant, who was an academic at the Defendant University, was the subject of allegations concerning his role as Chief Investigator to clinical trials of patients suffering with diabetes. The Claimant was requested to attend a disciplinary investigation and was permitted by the terms of his employment contract, to choose a trade union representative or colleague to accompany him. However, the Claimant did not have a colleague who was employed by the University who would be suitable to accompany him, nor was he a member of a union. The Claimant had, however, from the date of the allegations, been assisted by Dr Palmer who was representative from the Medical Protection Society ('MPS').
The High Court found that the University had breached the implied term of trust and confidence by denying the Claimant to allow Dr Palmer to accompany the Claimant for the disciplinary investigation. The High Court held that the University had incorrectly disregarded the Claimants statutory and contractual entitlement of choice of companion. It was decided that the MPS served a similar function to a union and therefore the Claimant should have been permitted the assistance of Dr Palmer to that point. The court went on to grant a declaration to that effect.
In Practice
"This is the second case in the last 12 months that warns employers that they have to be careful when refusing a companion at a disciplinary hearing. Even though the law says an employee is only entitled to a colleague or trade union representative, in practice courts and tribunals look dimly on employers refusing other companions without very good reason," says Employment Associate Paul Burton. One example where it would be alright to refuse a particular companion would be when an employee wants to bring along their solicitor to an internal hearing.
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 Kate or Paul will be happy to discuss it with you.
