Unlock Your Right to Be Accompanied: 5 Key Protections in Disciplinary and Grievance Hearings

Imagine facing a disciplinary hearing alone, nervous and unsure – but UK law gives you the right to be accompanied by a trusted companion to level the playing field.

Understanding Your Right to Be Accompanied

Your right to be accompanied is a fundamental employment right under the Employment Relations Act 1999, designed to support workers during stressful disciplinary and grievance hearings. This protection ensures you do not have to navigate these proceedings solo, allowing a chosen companion to provide moral support and advocacy.

Whether it’s a disciplinary hearing where misconduct is alleged or a grievance meeting to raise concerns about your workplace, this right applies broadly. The ACAS Code of Practice on disciplinary and grievance procedures reinforces this, emphasising fair workplace disciplinary procedures that include companion accompaniment.

In this guide, we break down the five key protections that make up your right to be accompanied, helping you prepare confidently and assert your employment rights UK-wide.

Protection 1: Applies to All Workers in Disciplinary or Grievance Hearings

Section 10 of the Employment Relations Act 1999 states that the right to be accompanied kicks in when a worker is required or invited by their employer to a disciplinary hearing – one that could lead to a warning or other action – or a grievance hearing about the employer’s duties towards them. For example, if you’re called to explain alleged poor performance or to discuss a complaint about bullying, you can request accompaniment.

Importantly, this applies to ‘workers’, a wider group than just employees, including agency staff or casuals under a contract. It ensures even those without full employee status have grievance meeting rights, promoting fairness across workplace disciplinary procedures.

Protection 2: Choose Your Own Companion – Union Rep or Colleague

Your companion must be someone within specific categories: an official employed by a trade union you’re a member of, a union official certified as experienced or trained in such hearings, or simply another worker from your employer. This allows flexibility, like choosing a trusted colleague for colleague accompaniment.

The employer cannot veto your reasonable choice or insist on their preferred person. For instance, if you select a trade union representative known for handling disciplinary hearing companions effectively, they must permit it under the ACAS code accompanied guidelines.

• Trade union official (employed by the union)
• Union official with certification for hearings
• Any fellow worker of the employer

Protection 3: Your Companion Can Speak for You at the Hearing

Once present, your companion has real power: they may put your case, sum it up at the end, and respond to views expressed during the hearing. This is crucial in heated discussions, where a trade union representative or colleague can articulate points you might miss under stress.

However, they cannot answer questions on your behalf or prevent you from explaining yourself – it’s a supportive role. The ACAS Code stresses this balance to ensure fair proceedings aligned with unfair dismissal ACAS code standards.

Protection 4: Postpone the Hearing if Your Companion is Unavailable

If your selected companion is unavailable at the proposed time, you can request a postponement, and the employer must arrange another hearing within five working days when both you and they are available. Working days exclude weekends, Christmas, Good Friday, and bank holidays.

This protection prevents rushed hearings; for example, if your disciplinary hearing companion is on holiday, you get time to rearrange without forfeiting your right.

1. Notify employer of companion’s unavailability promptly
2. Propose alternative dates within 5 working days
3. Employer must accommodate if reasonable

Protection 5: Safeguards Against Detriment or Unfair Dismissal

Exercising your right to be accompanied protects you from detriment like demotion or bullying, or unfair dismissal. If victimised, claim at an employment tribunal within three months, potentially winning compensation.

The Act links denial to unfair dismissal claims, and tribunals award compensation as just and equitable. Always follow ACAS early conciliation first for resolution.

Wrapping Up: Know and Use Your Right to Be Accompanied

Mastering your right to be accompanied equips you to face disciplinary and grievance hearings with confidence, backed by clear UK employment law protections. By understanding these five key elements, you ensure fair treatment and stronger outcomes.

Always request your companion in advance, in writing, and refer to the ACAS Code for best practice. This right to be accompanied is your shield in workplace disputes.

For more on employment rights UK, explore our resources and prepare proactively. For more on ACAS code disciplinary grievance procedures, see here.