What is the right to be accompanied at a disciplinary or grievance hearing?
In Great Britain, a worker who makes a reasonable request can bring one companion to a disciplinary hearing, a grievance hearing about a duty the employer owes them, and any appeal. The companion can be a colleague, a certified trade union representative or a trade union official, and can speak for the worker but not answer questions for them.
When the right applies
The right comes from section 10 of the Employment Relations Act 1999 and covers workers, including agency workers, not just employees. A disciplinary hearing counts if it could result in a formal warning, some other action, or confirmation of a warning or action, so appeals are covered.
For grievances, the right applies when the complaint is about a duty the employer owes the worker, such as honouring the contract or complying with legislation. Acas says that if an employer is not sure whether the right applies, it is good practice to allow the worker to be accompanied.
There is no statutory right to be accompanied at a formal investigatory meeting, though an employer's own procedure may allow it.
Who can be the companion
The worker chooses the companion and can change their choice. Employers may allow others, such as a partner or legal representative, but need not unless the contract says so. Reasonable adjustments for a disabled worker might mean allowing someone else, such as a support worker.
- Another of the employer's workers
- An official employed by a trade union
- A trade union representative whom the union has certified in writing as trained or experienced in acting as a companion
What the companion can and cannot do
The companion can put and sum up the worker's case, respond on their behalf to views expressed at the hearing and confer with them during it. They cannot answer questions on the worker's behalf, address the hearing if the worker does not want them to, or stop the employer explaining its case.
A fellow worker must be allowed time off during working hours to act as a companion, and must not be subjected to a detriment for doing so.
Postponing the hearing
If the chosen companion cannot attend at the time the employer proposes, the employer must postpone to a time the worker proposes, as long as it is reasonable and falls within five working days, beginning with the first working day after the date the employer proposed.
If the right is refused
A worker can complain to an employment tribunal within six months of the failure or threat, which can award up to two weeks' pay, subject to the statutory cap on a week's pay. Dismissing a worker mainly because they used the right, or accompanied a colleague, is automatically unfair and needs no qualifying period.
The law
“the employer must postpone the hearing to the time proposed by the worker…”
“order the employer to pay compensation to the worker of an amount not exceeding two weeks’ pay…”
“A worker has the right not to be subjected to any detriment…”
Sources
- Code of Practice on disciplinary and grievance procedures · Acas
- Step 4: The hearing - Disciplinary procedure · Acas
- Step 4: The grievance meeting - Formal grievance procedure · Acas
- Disciplinary procedures and action against you at work: Disciplinary hearings · GOV.UK
- Employment Relations Act 1999, section 13: Interpretation · legislation.gov.uk
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- State the right to be accompanied in every disciplinary and grievance invitation letter
- Agree a new date within five working days if the companion is unavailable
- Give the companion time to prepare and see the evidence
- Consider reasonable adjustments, such as a support worker, for disabled staff
- Allow colleagues time off during working hours to act as companions
- Brief managers on what the companion can and cannot do at the hearing
Related answers
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.
- When must employers make reasonable adjustments? Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.