The right to be accompanied at a meeting

If your employer requires or invites you to a disciplinary or grievance hearing, you have a legal right to bring one companion, provided you reasonably ask. Your companion can be a colleague or a trade union representative or official. They can speak in the hearing on your behalf, but they cannot answer questions for you. The right comes from section 10 of the Employment Relations Act 1999.

Who can be your companion

Section 10 gives you a choice of one person who is:

• an employed trade union official
• a trade union official the union has certified in writing as having relevant experience or training
• another of your employer’s workers

gov.uk puts it more simply: a colleague, a trade union representative or a trade union official. If no colleague can attend and you are not in a union, gov.uk says you can ask to bring a family member or a Citizens Advice worker, but your employer does not have to agree unless your contract requires it.

In practice, a union rep is the strongest choice, because they know the process. Our trade unions guide covers what unions offer. If you are not a member, a colleague you trust is the alternative.

When the right applies

The Acas Code of Practice says the right covers disciplinary meetings that could lead to a formal warning or other disciplinary action, and appeal hearings where a warning or other action is confirmed. For grievances, it covers meetings about a duty your employer owes you, such as honouring your contract or complying with the law, and grievance appeal hearings. You have to reasonably ask.

gov.uk says you must tell your employer first that you want to bring someone. Acas says the request does not have to be in writing, but you should give enough time for the arrangements, and it is good practice to name the companion and say whether they are a colleague or a union representative. Our guides on disciplinary procedures and raising a grievance cover what happens at each hearing, and the NHS disciplinary procedure guide covers the NHS process.

What your companion can do

The Act says the employer must let your companion:

• address the hearing to put your case and sum it up
• respond to views expressed at the hearing
• confer with you during the hearing

The employer need not let them answer questions on your behalf, or speak if you say you do not want them to. They also cannot use these powers to stop the employer explaining its case or others contributing. gov.uk adds that your companion cannot be disciplined for supporting you.

If your companion is unavailable

Section 10 says that if your chosen companion cannot attend at the time the employer proposes, the employer must postpone the hearing if you propose a reasonable alternative time. The alternative must fall before the end of five working days starting from the first working day after the employer’s proposed date.

Time off for the companion

If you are asked to accompany a colleague, your employer must allow you time off during working hours for that purpose. The Act ties these rules to those on trade union duties in the Trade Union and Labour Relations (Consolidation) Act 1992. Check your employer’s policy for how to book the time.

What it does not cover

The Acas Code says there is no statutory right to be accompanied at a formal investigatory meeting, although your employer’s own procedure may allow it. Check your employer’s policy. If you have a disability and need support at a meeting, our reasonable adjustments guide explains what you can ask for.

At the hearing

gov.uk says that at a disciplinary hearing your employer should explain the complaint, go through the evidence and give you the chance to tell your side. If you raise a significant new fact, the employer may pause the hearing to look into it and reschedule. Afterwards, your employer should write to you as soon as possible with its decision and your right to appeal. Possible outcomes include no action, a written warning, a final warning, demotion or dismissal.