The right to be accompanied

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.

When the right applies

Under section 10 of the Employment Relations Act 1999, all workers have a standalone right to request a companion at:

• 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

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 compensation uplifts.

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.

Common exclusions and grey areas

What it does 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” is not decisive – if a warning is confirmed in writing and placed on the disciplinary record, it is likely to be formal.

Redundancy consultation meetings are also outside the statutory framework. In Heathmill Multimedia ASP v Jones, the tribunal confirmed redundancy is not 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.

The key message for HR is that the right to be accompanied is broader than many managers assume – and applies from day one of employment. Getting this wrong can undermine both procedural fairness and the defensibility of any subsequent dismissal.

Here to help

At Longmores, our Employment team supports employers in running fair and compliant disciplinary and grievance procedures, including advising on appeal processes.

For advice on managing disciplinary and grievance processes in your organisation, please contact Richard Gvero, Senior Partner and Head of Employment Law.

Please note, the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.