Does every employee have the right to be accompanied at a disciplinary hearing?

Yes. Under section 10 of the Employment Relations Act 1999, every worker has the statutory right to be accompanied at any formal disciplinary or grievance hearing. This applies from the first formal hearing, not just at appeal. It applies to workers, not just employees, so casual workers and zero hours workers are included.

Who can accompany a worker to a disciplinary hearing?

A trade union representative or a fellow worker employed by the same employer. Family members, friends and legal representatives have no statutory right to attend, though some employers choose to allow them as a matter of policy. A trade union representative can attend regardless of whether the employer recognises the union.

What if the chosen companion cannot attend on the date I set?

If the worker's chosen companion cannot attend the proposed date, the worker can request a postponement of up to five working days. You must agree to that postponement and rearrange within the five-day window. Refusing to postpone and proceeding on the original date when the companion cannot attend is a procedural breach.

Can I dismiss fairly if I did not tell the worker about their right to be accompanied?

Failing to inform a worker of their right to be accompanied is a procedural defect. It does not automatically make the dismissal unfair, but it increases the risk that a tribunal will find the procedure was flawed. Where the worker was denied the right and the outcome might have been different had they been accompanied, the dismissal is more likely to be found unfair.

Disciplinary6 min read

Right to Be Accompanied at a Disciplinary Hearing: What UK Employers Must Know

Every worker has the statutory right to be accompanied at a formal disciplinary or grievance hearing. Denying it, or failing to inform the worker of it, can make an otherwise fair dismissal procedurally unfair.

Leon Mclean

Co-founder, Birchlow · Last reviewed June 2026

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The right applies from the first formal hearing, not just at appeal

A common mistake is treating the right to be accompanied as something that only matters at an appeal stage. The statutory right under the Employment Relations Act 1999 applies to any formal disciplinary or grievance hearing. That includes the first disciplinary hearing, investigation meetings that have become formal in nature, and appeal hearings. Failing to inform the worker of the right at the first hearing is a procedural breach regardless of what happens at appeal.

The right to be accompanied at a formal disciplinary or grievance hearing is one of the most frequently overlooked procedural requirements in employment law. It is not optional and does not depend on the seriousness of the allegation, the length of service of the worker, or whether the employer recognises a trade union. Getting it wrong does not automatically make a dismissal unfair, but it gives a tribunal a reason to find that it was, and a reason to increase any compensation award.

When the right to be accompanied applies

The right is triggered whenever an employer holds a formal disciplinary or grievance hearing. The word "formal" is key.

Formal disciplinary hearings. Any hearing at which the employer may make a decision that affects the worker's employment, including a warning, demotion or dismissal. The right applies from the first such hearing.

Formal grievance hearings. Any hearing at which the employer considers a formal grievance raised by a worker.

Appeal hearings. Both disciplinary appeals and grievance appeals engage the right.

Investigation meetings. A purely investigatory meeting, at which no disciplinary decision will be made, does not automatically trigger the statutory right. However, ACAS guidance recommends informing workers of the right to be accompanied even at investigation meetings where the matter is serious. If an investigation meeting moves into the territory of a formal hearing, the right applies.

The right does not apply to informal one-to-one conversations, performance reviews or welfare meetings where no formal outcome is being considered. The challenge for employers is that the boundary between informal and formal is not always clear. If in doubt, inform the worker of their right to be accompanied. The cost of doing so when it was not strictly required is zero. The cost of not doing so when it was required can be significant.

Who can accompany a worker

A trade union representative. The worker can choose to be accompanied by a trade union representative, whether or not the employer recognises a trade union. The representative must be either a paid official of the union or a lay representative certified as competent by the union. The employer cannot veto the worker's choice of trade union representative.

A fellow worker. The companion can be any colleague employed by the same employer. They do not need to be a union member, a senior employee or from the same department. They can be a peer, a manager or a more junior colleague.

Not a legal representative. The statutory right does not extend to legal representatives, family members or friends. An employer can choose to allow these people as a matter of policy, but is not required to. If you do not wish to allow legal representation at a disciplinary hearing, state this clearly in your disciplinary policy.

What the companion can do at the hearing

The companion is permitted to:

→address the hearing to present and sum up the worker's case
→respond on behalf of the worker to any view expressed at the hearing
→confer with the worker during the hearing

The companion is not permitted to answer questions on behalf of the worker. The employer can direct questions to the worker directly and the worker is expected to answer. This distinction matters: the companion's role is supportive, not to conduct the defence on the worker's behalf.

How to inform the worker of the right

The hearing invitation letter should state clearly that the worker has the right to be accompanied by a trade union representative or a fellow worker, and invite them to confirm who their chosen companion will be in advance of the hearing. This is standard wording in any disciplinary invitation. If you use a template that does not include this wording, update it before the next hearing you convene.

The five-day postponement rule

If the worker's chosen companion cannot attend the proposed hearing date, the worker must notify the employer as soon as reasonably practicable. The employer must then postpone the hearing to a date within five working days of the original date that is convenient for the companion.

The five working days starts from the original proposed date, not from the date the worker gives notice. This is a relatively tight window. If the companion is unavailable on Thursday and the original hearing was set for Monday, the rescheduled hearing must take place by the following Monday.

The employer is not required to postpone indefinitely or to accommodate a companion who is unavailable for an extended period. If the companion is genuinely unavailable within the five-day window, the employer can ask the worker to nominate a different companion. Document the request and the outcome.

What happens if you deny the right

Denying the statutory right to be accompanied is a breach of the Employment Relations Act 1999. A worker who is denied the right can bring a separate claim for compensation of up to two weeks' pay, in addition to any unfair dismissal claim they may have.

Where a worker was denied the right and the outcome of the hearing might have been different had they been accompanied, a tribunal is more likely to find the dismissal substantively unfair, not merely procedurally flawed. The distinction matters because a finding of substantive unfairness leads to a full compensation award, while a procedural defect alone may reduce the amount.

The ACAS Code of Practice states that an employer's failure to follow the Code can lead to an increase in any tribunal award of up to 25%. Denying the right to be accompanied is a departure from the Code, and tribunals treat it accordingly.

The practical rule. Whenever you invite a worker to a hearing that could result in any formal sanction, including a warning, include the right to be accompanied in the invitation letter, confirm who the companion will be, and record their presence in the hearing notes. This takes minutes and removes the risk entirely.

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