Unlock Your Right to Be Accompanied: 5 Key Protections in Disciplinary and Grievance Hearings
Unlock Your Right to Be Accompanied: 5 Key Protections in Disciplinary and Grievance Hearings
Key points
- You have a statutory right to a companion at formal disciplinary and grievance hearings.
- You can choose a colleague or a trade union representative as your companion.
- Your companion can ask questions, help present your case, and take notes.
- Employers should not unreasonably refuse reasonable time off to arrange or attend the hearing.
- If rights are denied, seek guidance from ACAS and, if needed, the employment tribunal within time limits.
What is the right to be accompanied in disciplinary and grievance hearings?
A statutory protection allowing you to bring a colleague or trade union representative to formal hearings to support and advocate for your position.
The right to be accompanied is a statutory protection that applies to formal disciplinary and grievance hearings and meetings that may lead to disciplinary action or resolution of grievances. It ensures you have someone you trust present to observe, ask questions, and help you present your side.
Your companion can be a fellow employee or a recognised trade union representative. They can participate to present questions and help you explain your side, and they may speak on your behalf only when you direct them to do so. They should not disrupt the process or override your wishes.
If the employer delays or refuses the companion without good reason, you have recourse. You should raise the issue promptly and, if needed, seek guidance from ACAS or pursue the matter through the relevant employment procedure.
- Who qualifies: a colleague or a trade union representative
- Where it applies: formal disciplinary or grievance hearings
- What the companion can do: ask questions, take notes, and help present your case
- Step 1: Confirm your chosen companion
- Step 2: Inform your employer as early as possible and in writing
- Step 3: Confirm the date, time and venue with your companion present
- Step 4: During the hearing, direct your companion on what you want them to do
Always keep a written record of who you want as your companion and exact dates; this helps avoid last-minute disputes.
Who can accompany you and when should you request?
Your companion can be a colleague or a trade union representative, and you should arrange it as soon as you know you’ll have a hearing.
The eligible companions are a fellow worker or a recognised trade union representative. If you are a TU member, you can still request a specific rep; if not, a colleague can step in as your companion. The main requirement is that the companion is a reasonable person who can attend the hearing.
You should tell your employer the name of your chosen companion as soon as possible, ideally in writing, and confirm the details of the meeting. If the chosen companion cannot attend at the proposed time, the employer should propose an alternative time that is reasonable and feasible for both sides.
If the employer refuses your preferred companion without a legitimate reason, you should raise the issue promptly and seek guidance from ACAS or HR to avoid delays in the process.
- Companion options: colleague or union representative
- Advance notice: inform employer as soon as you know
- If timing fails: employer should offer a reasonable alternative
- Step 1: Decide who to bring
- Step 2: Notify the employer in writing
- Step 3: Confirm the hearing details
- Step 4: If needed, request an alternative time
If you’re unsure whether a continued hearing should require a companion, check your organisation’s policy and ACAS guidance.
What can your companion do during the hearing?
Your companion can participate in the hearing to support your case, within the rules and without taking over the process.
The companion can attend the hearing to observe and help you explain your position. They can ask questions on your behalf, clarify points, and help ensure you are heard. They can also remind you of your rights and help you recall key dates or details.
They cannot answer questions on your behalf unless you have asked them to speak, and they should not disrupt the hearing or attempt to substitute your role. If an important point is missed, you can ask to revisit it with the chair’s permission.
If procedural issues arise, your companion can raise these with the chair and help you navigate any fairness concerns, such as delays or unclear explanations.
- Ask questions on your behalf
- Summarise your case for the chair
- Note-taking and record-keeping
- Remind you of your rights
- Step 1: Decide which points to raise
- Step 2: Use the companion to ask clarifying questions
- Step 3: Pause if you need a moment to decide
- Step 4: Conclude with a clear summary of your position
The companion’s role is to support you, not to dominate the hearing or misrepresent your position.
Time off to arrange and attend: how the rights work
In addition to being accompanied, you may need reasonable time off to arrange your companion and to attend the hearing, subject to operational needs.
The right to be accompanied does not automatically guarantee paid time off, but employers should provide reasonable time off to arrange a companion and to attend a formal hearing. The exact arrangements depend on your contract, workplace policies, and the ACAS Code of Practice.
Where applicable to trade union duties, there are specific statutory rights that allow paid time off to undertake union activities, but for most disciplinary or grievance hearings, the focus is on reasonable time off to prepare and be present at the hearing.
If the employer refuses or delays, you should request a written explanation and consider contacting ACAS for guidance on arranging a fair process.
- Reasonable time off to arrange a companion
- Reasonable time off to attend the hearing
- Union duties may have separate paid time off rights
- Step 1: Identify potential dates and times
- Step 2: Submit a written request for time off
- Step 3: Obtain written confirmation and stick to it
- Step 4: If refused, request reasons and escalate
Always request time off in writing and keep a copy of the response; this avoids later disputes about attendance.
What to do if your employer refuses your request or restricts your rights
If a request to be accompanied is refused or restricted, know the steps you can take to protect your rights.
If your employer refuses your chosen companion or imposes unnecessary restrictions, ask for the specific reasons in writing and request a reconsideration. Document all communications and dates.
If the matter cannot be resolved internally, contact ACAS for guidance or lodge a formal complaint through your employer’s grievance process. You can also consider relevant tribunal routes if the issue impacts your ability to access a fair hearing.
Understanding the time limits for bringing a claim to an employment tribunal is important, as most claims must be brought within three months of the event, with potential extensions for certain circumstances.
- Seek clarity in writing
- Engage ACAS early for resolution
- Use internal grievance or external tribunal routes if needed
- Step 1: Request a written justification for the denial
- Step 2: Seek a formal review or escalation
- Step 3: Consider contacting ACAS for mediation
- Step 4: If necessary, pursue a tribunal claim within time limits
Refusal or restriction of a reasonable companion can raise fairness concerns; seek timely advice.
For more on Learn the ACAS code disciplinary grievance procedures to handle workplace disputes effectively. Essential for unfair dismissal claims and employment tribunals in England and Wales. Protect your worker rights UK with this comprehensive guide., see here.
For more on The ACAS Code of Practice on disciplinary and grievance procedures sets out principles for fair handling of workplace issues. Learn its purpose, key steps, employer obligations, and sanctions for non-compliance to protect your rights in UK employment law., see here.
For more on Learn how to raise a grievance ACAS code effectively with seven practical steps and tips for UK workers and employees; follow ACAS guidance to handle workplace issues., see here.
Frequently asked questions
What is the right to be accompanied in the UK?
It is a statutory right to have a companion at formal disciplinary and grievance hearings; This helps ensure the employee is heard and can present their case with support.
Who can I choose as my companion?
A fellow employee or a recognised trade union representative can be your companion. If your preferred person cannot attend, employers should offer a reasonable alternative time or person.
What can my companion do during the hearing?
They can attend, ask questions, and take notes to support your case, but they should not dominate the hearing or answer questions without your direction.
What should I do if my employer refuses my companion request?
Ask for written reasons, request a review if possible, and contact ACAS for guidance; you may also pursue internal grievance procedures or a tribunal claim within time limits.
Are there time limits I should be aware of for tribunals?
Most tribunal claims must be brought within three months of the event, with possible extensions in certain circumstances; ACAS guidance can help determine eligibility for extensions.
Get practical help with your hearing rights
Download our quick-start checklist to prepare your request to be accompanied and to plan your hearing strategy.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
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