The Right to Be Accompanied: What Employers Must Allow

Every worker in the UK has the right to be accompanied at certain workplace hearings. If you are running a disciplinary or grievance process, you must allow the worker to bring a companion. Getting this wrong does not just create a procedural headache. It can add a separate legal claim to an already messy situation.

This guide covers exactly what the right to be accompanied requires of you as an employer, who qualifies, who can act as a companion, what the companion is allowed to do, and what happens if you refuse.

Last updated: April 2026

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The Right to Be Accompanied at a Disciplinary Hearing in the UK

The right to be accompanied comes from section 10 of the Employment Relations Act 1999. It applies to all workers, not just employees. That includes agency workers, casual workers, and anyone who works under a contract to perform work personally.

The right is triggered when a worker is required or invited to attend a disciplinary hearing or a grievance hearing.

For disciplinary hearings, this covers any meeting that could result in:

• A formal warning (written or final written)
• Some other disciplinary action (demotion, suspension without pay, transfer)
• Confirmation of a warning already given
• Dismissal

For grievance hearings, it covers any meeting where the employer deals with a concern raised by the worker about a duty owed to them.

Informal conversations, return-to-work meetings, and investigatory fact-finding meetings do not automatically trigger the right. However, ACAS recommends allowing a companion at investigation meetings as good practice, and many employers choose to do so.

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Who Can Act as a Companion?

The worker gets to choose their companion, but the choice is limited to one of three categories:

1. A trade union representative. This means a trade union official employed by the union, or a lay official certified by the union as competent to accompany workers. A trade union rep at a disciplinary hearing does not need to be from a recognised union. The worker can choose any union they belong to.

2. A trade union official. This covers full-time officials employed by a trade union.

3. A fellow worker. This must be someone employed by the same employer. The worker cannot bring a friend, family member, or solicitor under the statutory right.

What about legal representatives?

Section 10 does not give workers the right to bring a lawyer. Unless your internal policy specifically allows legal representation, you are not required to permit it.

There are limited exceptions. If a hearing could affect a worker's ability to practise their profession (for example, a regulated role), courts have sometimes found that a refusal to allow legal representation breaches the right to a fair hearing. The case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2009] is the leading authority on this, though it turned on human rights grounds rather than section 10.

For most employers in most situations: you do not have to allow solicitors. If in doubt, consider the consequences of the hearing and whether the refusal could be challenged as unfair.

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What Can the Companion Do During the Hearing?

The companion's role is defined in the legislation, and it is more limited than many people expect.

The companion is allowed to:

• Address the hearing (make opening and closing statements, sum up the worker's case, respond to views expressed)
• Confer with the worker during the hearing (take a break to talk privately)

The companion is not allowed to:

• Answer questions on behalf of the worker
• Address the hearing if the worker does not want them to
• Prevent the employer from explaining their case or putting questions to the worker

In practice, most companions will sit alongside the worker, take notes, and occasionally ask for a break to discuss something privately. Some trade union reps are experienced advocates who will present the case more formally. Either approach is within the rules.

You should not refuse to let the companion speak. But you are entitled to direct questions to the worker and expect the worker to answer personally.

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When a Worker Asks to Be Accompanied: Your Obligations

Once a worker makes a reasonable request to be accompanied, you must allow it. "Reasonable" is not defined in the Act, but a request that names a companion from one of the three permitted categories is almost always reasonable.

Here is what you need to do as the employer:

1. Give adequate notice of the hearing

The worker needs enough time to arrange a companion. ACAS recommends at least five working days' notice in most cases. Providing the date, time, location, and details of the allegations or issues to be discussed is basic procedural fairness.

2. Allow the worker to choose their companion

You cannot dictate who the companion is, as long as the person falls within the three permitted categories. If the worker's chosen companion is unavailable on the proposed date, the worker has the right to postpone the hearing by up to five working days.

3. Postpone if the companion is unavailable

This is a statutory right under section 10(4) of the Employment Relations Act 1999. If the worker proposes an alternative date within five working days of the original date, you must agree to it. You cannot refuse the postponement just because it is inconvenient.

After one postponement, you are not required to keep rescheduling. But be reasonable. If the companion has a genuine diary conflict and the worker proposes a workable alternative, refusing could undermine the fairness of the whole process.

4. Allow the companion to participate

As covered above, the companion can address the hearing and confer with the worker. Do not restrict the companion to sitting silently. If you do, you risk breaching the statutory right.

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The Right to Be Accompanied at Grievance Hearings

The right to be accompanied at a grievance hearing works in the same way as for disciplinary hearings. The same rules apply: same categories of companion, same right to postpone, same obligations on you as the employer.

A grievance hearing is a meeting where you deal with a complaint or concern raised by the worker about a duty owed to them by the employer. This includes complaints about terms and conditions, health and safety, working environment, relationships with colleagues, and alleged discrimination.

The right does not apply to every conversation a worker initiates. An informal chat about workload or a request for a meeting to discuss a pay rise would not normally count. The right is triggered when the meeting is part of a formal grievance process.

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What Happens If You Refuse the Right to Be Accompanied?

Refusing the right to be accompanied is a standalone legal claim. Under section 11 of the Employment Relations Act 1999, a worker can bring a complaint to an employment tribunal if you:

• Fail or threaten to fail to allow them to be accompanied
• Fail or threaten to fail to allow the companion to participate as the Act permits
• Fail to postpone a hearing when the companion is unavailable and the worker proposes an alternative within five working days

The tribunal can award compensation of up to two weeks' pay (subject to the statutory cap on a week's pay, which is £700 from April 2026).

Two weeks' pay might not sound catastrophic. But here is the real risk: if you deny the right to be accompanied and then dismiss the worker, the procedural failure feeds directly into an unfair dismissal claim. The tribunal will consider whether you followed a fair procedure, and refusing a companion is a clear mark against you.

Combined with the ACAS Code uplift (up to 25% on compensation), a procedural failure like this can significantly increase your financial exposure.

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Trade Union Representatives: Additional Protections

If the companion is a trade union representative, additional protections apply. Under section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992, an employee who is a union rep is entitled to reasonable paid time off to accompany a fellow worker.

This means:

• You must allow the trade union rep time off from their own duties to attend the hearing
• The time off must be paid at the rep's normal rate
• You cannot penalise or subject the rep to a detriment for exercising this right

If the rep works for you (as many lay reps do), do not create obstacles. Blocking a union rep from attending a colleague's hearing is a separate legal risk under trade union rights legislation.

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Gross Misconduct Cases: Does the Right Still Apply?

Yes. The right to be accompanied applies to all disciplinary hearings, including those involving allegations of gross misconduct. The seriousness of the allegations does not remove the worker's statutory right.

If anything, gross misconduct cases are exactly where you should be most careful about procedure. The consequences for the worker are severe (summary dismissal, potential loss of references, impact on future employment), and tribunals will scrutinise the process closely.

Suspending the worker pending investigation does not remove their right to be accompanied at the subsequent hearing. Even if you are confident the misconduct occurred, follow the full procedure.

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Practical Tips for Employers

Include the right in your hearing invitation letter. State explicitly that the worker has the right to be accompanied by a trade union representative or a fellow worker. This demonstrates procedural awareness and creates a paper trail.

Do not be obstructive about rescheduling. One postponement is a statutory right. Being flexible beyond that is good practice. Tribunals notice when employers rush proceedings.

Brief your hearing managers. The person chairing the hearing needs to understand what the companion can and cannot do. A panicking line manager who tries to silence a trade union rep creates exactly the kind of procedural failure that ends up in a tribunal judgment.

Keep a record. Note who attended, what role the companion played, and any requests made. If the matter later goes to tribunal, your notes are evidence.

Consider allowing companions at investigation meetings too. The statutory right does not require it, but ACAS recommends it, and it reduces the risk of procedural challenge later. It costs you nothing and demonstrates good faith.

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Frequently Asked Questions

Q: Can a worker bring a solicitor to a disciplinary hearing?

A: Not under the statutory right to be accompanied. Section 10 of the Employment Relations Act 1999 limits the companion to a trade union representative, a trade union official, or a fellow worker. You are not required to allow legal representation unless your own policy specifically permits it. In exceptional cases (such as hearings affecting a worker's ability to practise a regulated profession), courts have found that refusing legal representation may breach the right to a fair hearing, but this is rare.

Q: Does the right to be accompanied apply to informal meetings?

A: No. The statutory right applies to disciplinary hearings and grievance hearings. Informal conversations, return-to-work meetings, and investigatory interviews do not trigger the right. However, ACAS recommends allowing a companion at investigation meetings as a matter of good practice, and doing so reduces the risk of a procedural challenge later.

Q: What if the worker's chosen companion is on holiday or off sick?

A: The worker has a statutory right to postpone the hearing by up to five working days if their companion is unavailable. You must agree to the alternative date. After one postponement, you are not required to keep rescheduling, but being unreasonable about timing could undermine the fairness of the process if the matter reaches a tribunal.

Q: Can we choose which colleague accompanies the worker?

A: No. The worker has the right to choose their own companion, provided the person falls within one of the three statutory categories. You cannot veto the choice, insist on a different companion, or refuse a companion because they are "too experienced" or a known trade union activist. Attempting to influence the choice could constitute a breach of the statutory right and, separately, could amount to a detriment for trade union activities.

Q: Does the right to be accompanied apply to probationary review meetings?

A: It depends on the nature of the meeting. If the meeting is a formal disciplinary hearing that could result in a warning or dismissal, the right applies. If it is simply a routine probationary review or progress meeting, it does not. From 2027, when day one unfair dismissal rights take effect (with an initial statutory probationary period), the distinction will matter more than ever. Treat any meeting that could result in termination as a disciplinary hearing and allow a companion.