You have a legal right to bring someone to disciplinary and grievance meetings. Learn who can accompany you, what they can do, and when the right applies.
You have been called to a formal meeting at work — a disciplinary hearing, a grievance meeting, or any meeting that could result in a formal warning or action against you. The law says you can bring someone with you. It is one of the most important workplace protections in UK employment law, and one of the least understood.
Many employees do not know the right exists. Many employers rush hearings without mentioning it. And even those who know about it often do not realise how much their companion is allowed to do. This guide sets out who can accompany you, what they can do, when the right applies, and why the companion you choose matters more than you might think.
Contents
- What is the right to be accompanied?
- When does the right apply?
- Who can accompany you?
- What can your companion do?
- What if your employer refuses?
- Rescheduling: what if your companion cannot make the date?
- Why a trade union representative makes a difference
- FAQs
- How National Employees Union can help
What is the right to be accompanied?
The right to be accompanied is a statutory right set out in Section 10 of the Employment Relations Act 1999. It gives every worker the right to be accompanied at certain formal workplace meetings by a companion of their choice, from the permitted categories.
This is not a favour from your employer. It is the law. Your employer must allow it and must inform you of the right when inviting you to a qualifying meeting.
When does the right apply?
The right applies at any formal disciplinary or grievance hearing — meetings where your employer is dealing with a disciplinary matter (conduct, performance, or absence issues that could result in a warning or dismissal) or where you are raising a formal grievance.
It does not automatically apply to an investigation meeting, which our guide to investigation meetings explains.
When it does not apply
- Informal conversations — a casual chat with your manager about performance is not a formal hearing
- Investigation meetings — meetings to gather facts before deciding whether to proceed. If an investigation meeting begins to feel like a formal hearing, you can ask for it to be paused and reconvened formally — at which point the right applies
- Return-to-work meetings — unless they are being used to issue formal warnings
- Redundancy consultation meetings — the statutory right does not technically apply, although good employers allow accompaniment and you should always request it
The grey area: some employers blur the lines between informal and formal. If you are unsure, ask your employer in writing: “Is this a formal meeting? Will any formal action be considered as a result?” If the answer is yes, the right to be accompanied applies.
Who can accompany you?
Under the law, you can choose:
- A trade union representative — an official employed by a trade union, or a lay union official certified as competent to accompany workers. This applies even if the union is not recognised by your employer.
- A fellow worker — a colleague employed by the same organisation.
That is all. There is no legal right to bring a solicitor, family member, or friend — although your employer may agree voluntarily, and some employer policies extend the right further.
Both options are available, but they are not equal in practice.
What can your companion do?
This is where many employers — and employees — get it wrong. Your companion is not there to sit quietly. Under the law, they can:
- Put your case forward — present and explain your position
- Sum up your case — make closing statements
- Respond on your behalf — address the points raised by your employer
- Ask questions — of your employer and of any witnesses
- Confer with you privately — request adjournments to discuss the proceedings away from the panel
The one thing they cannot do is answer questions directly on your behalf when the panel addresses a question specifically to you. But they can help you prepare your answer, request time for you to think, and clarify your response.
In practice, a skilled companion does the heavy lifting — presenting the case, challenging inconsistencies, and holding the process to account.
What if your employer refuses?
An employer who denies your right to be accompanied at a qualifying hearing is breaking the law. You can:
- Remind them of the law — reference Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice
- Put your objection in writing — if they proceed without your companion, confirm in writing that you objected and the right was denied
- Bring a tribunal claim — you can bring a standalone complaint for denial of the right to be accompanied, with compensation of up to two weeks’ pay
- Use it in a wider claim — if the denial forms part of an unfair process that leads to unfair dismissal, it strengthens your case significantly
Your employer also cannot penalise you for exercising the right — or for acting as a companion for a colleague.
A refusal is a procedural failure worth raising in a formal grievance letter.
Rescheduling: what if your companion cannot make the date?
If your chosen companion is unavailable on the date proposed by your employer, you have the right to propose an alternative. Under the law, the alternative must be within five working days of the original date, and your employer must postpone the hearing.
An employer who refuses to reschedule is denying your right. Make the request in writing and keep a record.
If your union representative needs more than five days — due to their own caseload, for example — ask your employer to agree a mutually convenient date beyond the five-day window. Most reasonable employers will agree. Unreasonable refusal could look bad at a tribunal.
Why a trade union representative makes a difference
You can bring a colleague. But a trade union representative brings advantages a colleague cannot match.
They know employment law. A union representative understands the ACAS Code, the relevant legislation, and what procedural fairness looks like. They can spot mistakes your employer is making — mistakes that could form the basis of an appeal or a tribunal claim.
They know how disciplinary hearings work. They have done this before. They know the format, the tactics, and the common traps. The process does not intimidate them.
They can prepare your case. A good representative will meet with you beforehand, review the evidence, help you draft a statement, and plan the approach. The hearing starts long before you enter the room.
They can challenge effectively. When the evidence is weak, the investigation is inadequate, or the process is unfair, a union representative will say so — clearly and professionally. Most colleagues do not have the knowledge or confidence to do this.
They are protected. Union representatives acting as companions are legally protected from detriment for doing so. A colleague may worry about how accompanying you will affect their own standing.
They are independent. A union representative serves your interests. They are not employed by the organisation, so they have no divided loyalties.
For more on how the full process works, see our complete guide to disciplinary and grievance procedures and our guide on how to prepare for a disciplinary hearing.
To bring a National Employees Union representative, you need to be a member, and our guide on how to join a trade union sets out when representation starts.
FAQs
Can I bring a solicitor to a disciplinary hearing?
There is no statutory right to bring a solicitor. The law limits your choice to a trade union representative or a fellow worker. Some employer policies extend the right — check your staff handbook. An experienced union representative is often as effective as a solicitor in a workplace hearing, and costs the member nothing.
Can I be accompanied at an investigation meeting?
The statutory right does not cover investigation meetings — it applies only to formal disciplinary and grievance hearings. You can always ask, and ACAS guidance notes that allowing accompaniment at investigations is good practice. If an investigation meeting begins to feel like a formal hearing, request that it be paused and reconvened formally.
What if I do not belong to a trade union?
You can still bring a fellow worker. The statutory right applies regardless of union membership. A colleague, however, typically lacks the training and employment law knowledge a union representative brings. Joining a union gives you access to a trained representative who can prepare your case and advocate for you — even for issues already in progress.
Can my employer choose my companion for me?
No. The choice is entirely yours. Your employer cannot insist you bring a specific person, refuse a particular trade union representative, or limit you to a shortlist. If they try, push back in writing and cite Section 10 of the Employment Relations Act 1999. Denial of your chosen companion is a breach of your statutory rights.
Does the right apply to meetings about redundancy?
The statutory right covers disciplinary and grievance hearings — not redundancy consultations specifically. Individual redundancy selection meetings that could result in dismissal arguably fall within the spirit of the right. Always request accompaniment. Most reasonable employers will agree, and having a representative present helps ensure the process is fair. If your employer refuses, note it in writing — it could be relevant if you later challenge the redundancy as unfair.
How National Employees Union can help
The right to be accompanied is only as strong as the person who accompanies you. A trained representative can change the trajectory of a disciplinary hearing, a grievance meeting, or an appeal.
National Employees Union members get:
- A trained representative for disciplinary hearings, grievance meetings, and appeals
- Case preparation — reviewing evidence, building your response, and planning the approach before the meeting
- Expert knowledge of the ACAS Code, employment law, and procedural fairness
- Advocacy — someone who will challenge your employer professionally and effectively
- Follow-up support — including appeals, grievances, and Employment Tribunal guidance if needed
You have the legal right to be accompanied. Make sure it counts.
Join the National Employees Union
Membership from £15/month. Advice and representation on your own case start three months after you join. If you need help sooner, a £237 surcharge applies.
Written by the National Employees Union team. Our representatives attend workplace hearings across the UK every day. This guide is reviewed regularly and was last updated in July 2026. For advice on your situation, contact us.
