Right to be accompanied at a disciplinary hearing

The right to be accompanied at a disciplinary hearing applies to a person who is a worker within the meaning of s. 13(1) of the Employment Relations Act 1999 [ERA].

In Bullock v Norfolk County Council [EAT/0230/10], the EAT found that a foster carer was not a worker within the meaning of s. 13(1) of the ERA 1999 – because the relationship between the foster carer and Norfolk County Council was not governed by a contract. Therefore, the foster carer was not entitled to be accompanied by a trade union representative at a disciplinary hearing.