Right to Be Accompanied
Your right to bring a companion to disciplinary and grievance hearings. Know who can attend, what they can do, and when the right applies.
Last updated: 30 January 2025
The right to be accompanied at disciplinary and grievance hearings is a statutory right that helps ensure fairness.
When the Right Applies
Disciplinary Hearings
You have the right to be accompanied at a hearing that could result in:
- A formal warning (verbal or written)
- Confirmation of a warning
- Some other disciplinary action
- Dismissal
Grievance Hearings
You also have the right when:
- Raising a formal grievance
- Attending appeal hearing for grievance
Does NOT Apply To
- Investigation meetings (before formal stage)
- Informal chats or feedback
- Capability meetings (unless company policy says otherwise)
- Probation reviews (unless policy allows)
- Return to work meetings
However, many employers allow companions at these too.
Who Can Be Your Companion
Permitted Companions
| Companion Type | Details |
|---|---|
| Work colleague | Someone employed by the same employer |
| Trade union official | Employed by a union |
| Trade union representative | Workplace representative (same employer) |
Not Permitted (Statutory Right)
- Family members
- Friends
- Solicitors or legal representatives
- Former colleagues
- External advisors
Can Employer Agree to Others?
Yes. Employers can (but don't have to) allow:
- Legal representatives
- Family members
- Support workers (disability)
- External union officials
Some company policies are more generous than the statutory minimum.
Choosing Your Companion
Considerations
Choose someone who:
- Understands workplace issues
- Can remain calm and professional
- Will support you effectively
- Is available for the hearing
- You trust to hear confidential information
Trade Union Representative
If you're a member:
- Can be full-time union official
- Or trained workplace rep
- They often have experience with hearings
- May have negotiated better policies with employer
Work Colleague
Consider:
- Someone who knows the workplace
- Not someone who is a witness in your case
- Someone willing to take time away from work
- Employer must allow reasonable time off for this
What Your Companion Can Do
Permitted Activities
Your companion can:
- Put your case forward
- Sum up your case
- Respond on your behalf to views expressed
- Confer with you during the hearing
- Ask for adjournments to confer privately
Cannot Do
Your companion cannot:
- Answer questions on your behalf
- Prevent employer from asking questions
- Address the hearing if you don't want them to
- Disrupt or obstruct the hearing
In Practice
| Scenario | Appropriate? |
|---|---|
| "Let me explain what happened..." | Yes - putting the case |
| "To sum up, John has an excellent record..." | Yes - summing up |
| [Question to John] "I'll answer that for him" | No - can't answer questions |
| "Can we have 5 minutes to discuss?" | Yes - conferring |
| "This whole process is a sham!" | No - disrupting |
Postponement Rights
If Companion Unavailable
You can postpone once if your chosen companion:
- Is not available on the proposed date
- You propose an alternative within 5 working days
- It's reasonable in the circumstances
How to Request
- Notify employer companion unavailable
- Propose alternative date
- Must be within 5 working days of original
- Employer must agree to reasonable alternative
Employer's Response
Employer should:
- Consider the request reasonably
- Postpone if companion genuinely unavailable
- Not unreasonably refuse
What If Employer Refuses?
If employer unreasonably refuses to postpone:
- Continue with hearing but note objection
- Could be grounds for appeal
- May affect fairness of any dismissal
- Seek advice on next steps
Employee Responsibilities
Making the Request
- Request to be accompanied in writing
- Identify your chosen companion
- Give reasonable notice
- Check companion's availability
- Brief companion on the case
During the Hearing
- Introduce your companion
- Work with them constructively
- Answer questions yourself
- Don't let companion obstruct
Employer Responsibilities
Must Do
- Allow reasonable request to be accompanied
- Give employee enough notice to arrange
- Allow companion to participate appropriately
- Permit reasonable time off for colleagues acting as companions
- Agree to reasonable postponement if companion unavailable
Cannot Do
- Refuse request for work colleague or union rep
- Unreasonably refuse postponement
- Prevent companion from participating
- Victimise companion for attending
If Right Is Denied
During Hearing
- State that you requested a companion
- Ask for this to be noted
- Consider whether to proceed or adjourn
- Don't walk out
After Hearing
- Raise in appeal
- Could make dismissal unfair
- May be basis for tribunal claim
- Compensation up to 2 weeks' pay for breach
Tribunal Claims
If the right is breached:
- Claim to employment tribunal
- Compensation: up to 2 weeks' pay
- Must bring claim within 3 months
- Separate from unfair dismissal claim
Reasonable Time Off
For the Companion
A colleague who acts as companion is entitled to:
- Reasonable time off with pay
- To prepare for the hearing
- To attend the hearing
- To confer with the employee
Employer Cannot
- Refuse time off for companion
- Deduct pay for attendance
- Victimise them for acting as companion
- Treat them less favourably
Special Situations
Disability
Where employee has disability:
- Consider allowing support worker
- May be reasonable adjustment
- Even if not strict legal requirement
- Good practice to accommodate
Language Barriers
If English is not first language:
- Consider interpreter
- Companion could be someone who speaks their language
- Employer may need to provide translation
- Don't confuse interpreter with companion
Multiple Hearings
If multiple people facing same allegations:
- Each has separate right to companion
- Could be same or different companions
- Companion cannot be witness
- Keep hearings separate
Best Practice
For Employees
- Request companion in good time
- Choose wisely - someone helpful and calm
- Brief them thoroughly on the case
- Agree your approach beforehand
- Let them support you, but stay in control
For Employers
- Inform of right in invitation letter
- Allow reasonable time to arrange
- Be flexible on dates where possible
- Allow companion to participate properly
- Don't restrict more than the law requires
Related answers
Disciplinary Hearings
What happens at a disciplinary hearing? Know your rights, how to prepare, and what to expect during the meeting.
Disciplinary Procedure Steps UK
A step-by-step guide to running a fair disciplinary procedure in the UK. Follow these steps to stay ACAS-compliant and reduce your tribunal risk.
Grievance Procedure Steps: The Complete Formal Process
Detailed breakdown of every stage in a formal grievance procedure. From submission through investigation, meeting, outcome, and appeal - understand what happens at each step.
Frequently Asked Questions
- Who can I bring to a disciplinary hearing?
- You have a statutory right to be accompanied by either a work colleague (someone employed by the same employer) or a trade union representative. You cannot bring family members, friends, or solicitors unless your employer agrees.
- Can my companion speak for me at a disciplinary hearing?
- Your companion can put your case forward, sum up, respond to views expressed, and confer with you. However, they cannot answer questions on your behalf - you must answer questions yourself.
- What if my companion can't attend the scheduled hearing?
- You have a statutory right to postpone the hearing once if your chosen companion cannot attend. You must propose an alternative date within 5 working days of the original date.