Can You Refuse the Right to Be Accompanied? UK Employer Rules 2026

It is 4pm on a Tuesday. The HR manager at a Sheffield printing company has a disciplinary hearing booked for tomorrow morning, and her phone rings. It is the worker under investigation: his trade union rep cannot make it, and he wants to know if the hearing still goes ahead. She has no idea whether she has to reschedule, whether she can press on regardless, or whether refusing to move the date lands the company in a tribunal. That single phone call is one of the most common pressure points in the whole disciplinary and grievance process, and the rules around it are simpler than most employers fear.

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.

The short answer. Any worker (not just employees) can bring a trade union representative, union official, or fellow worker to a formal disciplinary or grievance hearing. You cannot refuse this right. If the companion is unavailable, the worker can postpone by up to five working days and you must agree. Refusing the right, or blocking the postponement, is a standalone tribunal claim under section 11 of the Employment Relations Act 1999.

Quick Reference: Who Can Accompany and What They Can Do

| Who can accompany | What they can do | What they cannot do | |---|---|---| | A trade union representative (lay official certified by the union) | Address the hearing, sum up the case, confer privately with the worker | Answer questions on the worker's behalf | | A trade union official (employed by the union) | Present the case, respond to points raised, request a break | Speak if the worker does not want them to | | A fellow worker (employed by the same employer) | Take notes, make statements, support the worker | Prevent you from putting questions to the worker | | A solicitor or lawyer | Only if your own policy allows it (no statutory right) | Attend by default under section 10 | | A friend or family member | Only if you choose to allow it as goodwill | Attend under the statutory right |

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.

Who Can Act as a Companion?

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

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

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.

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.

This is exactly the situation our Sheffield HR manager faced. Her worker's union rep cannot attend tomorrow, but if the worker proposes a new date within five working days, she must agree to it. Pressing ahead regardless would breach the statutory right and hand the worker a separate claim.

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.

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.

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.

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.

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.

The Right to Be Accompanied from 2027: Why This Matters Even More

From 1 January 2027, the Employment Rights Act 2025 cuts the unfair dismissal qualifying period from two years to six months. It is not a day-one right, despite the shorthand in much of the HR press, but it brings the point of exposure forward dramatically.

Here is what that means in practice for the Sheffield HR manager and every other UK employer. Today, a worker dismissed in their first eighteen months usually has no unfair dismissal claim, so a procedural slip carries limited risk. From January 2027, anyone past six months can challenge their dismissal. Procedural compliance, including the right to be accompanied, needs to be in place from the end of probation rather than the end of year two. An employer who dismisses a seven-month employee after a disciplinary hearing without allowing a companion will be exposed.

The practical takeaway: build the right to be accompanied into your process now, for every hearing, regardless of how long the person has worked for you. The habits you set today are the ones that protect you once the shorter qualifying period lands. See the Employment Rights Act 2025.

The ERA 2025 Statutory Initial Period: A Mistake Most Employers Are Making

There is a widespread misreading of how the ERA 2025 statutory initial period works, and it matters.

The Employment Rights Act 2025 introduces a statutory initial period (regulations are expected to set this at nine months) during which employers can follow a lighter dismissal process. The bar for a fair dismissal during the initial period is lower. Many SME owners read that and conclude it means fewer procedural obligations all round. It does not.

The right to be accompanied comes from the Employment Relations Act 1999, which is a separate piece of legislation from the unfair dismissal framework. It applies from the first day of work, regardless of whether a statutory initial period is in effect. A worker in their second week of employment has exactly the same right to bring a trade union representative or fellow worker to a disciplinary hearing as a colleague who has been there for a decade.

Dismissing someone during the statutory initial period without allowing a companion is both a standalone section 11 claim and a procedural failure that will weaken any tribunal defence. The lighter dismissal test does not extend to the hearing itself.

The same applies to grievance hearings. Workers seeking guaranteed hours under the Autumn 2026 ERA 2025 provisions will trigger formal grievance processes at many employers. See the guaranteed hours right employer guide for the claim process those workers will follow. Those grievance hearings carry full companion rights, including for workers who started last month.

Build the right to be accompanied into every formal hearing, from day one. See EmployerKit's guide to the ERA 2025 probationary period rules for how to structure probation around the six-month qualifying period.

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 an employer refuse the right to be accompanied?

A: No. Under section 11 of the Employment Relations Act 1999, refusing the right to be accompanied is itself a tribunal claim, separate from any underlying disciplinary outcome. A tribunal can award up to two weeks' pay (capped at £700 per week from April 2026), and the refusal also undermines the fairness of any subsequent dismissal. If you have concerns about a specific companion choice, seek legal advice before the hearing, not after. Never simply refuse.

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 sometimes 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 1 January 2027, when the unfair dismissal qualifying period drops from two years to six months, the distinction will matter more than ever. Treat any meeting that could result in termination as a disciplinary hearing and allow a companion.

Q: Does the right to be accompanied apply during the ERA 2025 statutory initial period?

A: Yes, in full. The right to be accompanied comes from the Employment Relations Act 1999, not the unfair dismissal framework. A worker in their first week has exactly the same right to bring a trade union representative or fellow worker to a disciplinary or grievance hearing as a colleague of ten years. The ERA 2025 statutory initial period (expected to be nine months) changes the dismissal test, not your procedural obligations at the hearing itself. Refusing a companion on the basis that someone is "on probation" is a standalone tribunal claim under section 11.

Q: Does the right to be accompanied apply if we use a contractor instead of an employee?

A: The right applies to all "workers" under the Employment Relations Act 1999, not just employees. If a contractor is engaged under a contract to perform work personally and is not running a business of their own, they are likely a worker and the right applies. Employer status matters more than the label on the contract.

Q: Does the right to be accompanied apply to video or remote hearings?

A: Yes. The right applies to the hearing itself, not the format. If you conduct disciplinary or grievance hearings by video call, the worker still has the right to have a companion present remotely. Include in your invitation letter how the companion will join and confirm they have access to your platform. The statutory rules on postponement and participation apply in exactly the same way.

Sources and further reading

Official guidance and legislation referenced in this guide:

This guide is general information for UK employers, not legal advice. Employment law changes and individual circumstances vary. For decisions on specific situations, take advice from a qualified employment law professional.