The claimant, a bus driver, was dismissed for gross misconduct after he was seen to be using his iPad whilst the bus he was driving was moving. He claimed that his right to be accompanied at his appeal hearing under the Employment Relations Act 1999 (see Employment Relations (Northern Ireland) Order 1999 and LRA Code of Practice for NI rights) was breached. The claimant had arranged for a member of Unite Union to accompany him at the appeal hearing but later decided that he would prefer a representative of the PTSC Union and an amended notice of appeal was lodged.

The company responded that it was happy for the change in representation, but that the two specific individuals listed