Disciplinary and grievance hearings are high-pressure moments for employees and managers alike. Parliament has recognised this by creating a statutory right to be accompanied – but that right is specific, limited, and often misunderstood by employers.
Employees: When do you have a right to a companion?
All workers have a standalone right to request a companion under section 10 of the Employment Relations Act 1999 in certain circumstances. When?
- Disciplinary hearings (including appeals) that could result in a warning, dismissal or other formal sanction
- Grievance meetings concerning a possible breach of a legal or contractual duty
Employers: What are your responsibilities?
The Acas Code of Practice reflects this right and recommends employers remind employees of it in the meeting invitation. While the statutory obligation only arises when the employee requests accompaniment, failure to follow the Code can increase the risk of unfair dismissal findings and increase compensation.
The right to be accompanied is broader than many managers may assume – and applies from day one of employment.
Importantly, the right extends beyond classic misconduct hearings. Capability meetings – including sickness absence reviews and poor performance processes – are covered where the outcome could be a formal sanction.
What isn’t covered?
What is not cover is just as important.
- Investigation meetings are excluded, as are meetings where the worst outcome is a genuinely informal warning. Labelling something “informal” isn’t decisive – if a warning is confirmed in writing and placed on the disciplinary record, it’s likely to be formal.
- Redundancy consultation meetings are also outside the statutory framework.
In Heathmill Multimedia Asp Ltd v. Jones & Anor [2003] UKEAT 0200_03_1006 (10 June 2003), the tribunal confirmed redundancy isn’t a disciplinary process, and the Acas Code expressly excludes redundancy dismissals. However, many employers still sensibly allow companions at final consultation or appeal meetings to enhance fairness.
- Flexible working meetings are similarly excluded in law, although Acas guidance encourages accompaniment as good practice.
Further reading
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