Employees' right to be accompanied

There are specific legal rules about employees’ rights to bring someone with them to certain employment meetings.

The right to be accompanied applies to disciplinary and capability hearings (including appeal hearings) at which a formal warning, dismissal or some other formal sanction is being considered. It also applies to grievance and grievance appeal hearings. 

The right is to reasonably request to be accompanied at a hearing, however a request is only going to be regarded as unreasonable in very limited circumstances.

Employees can choose to be accompanied by either a work colleague, a workplace trade union representative who is certified or trained to act as a companion, or an official employed by a trade union. The trade union does not need to be recognised by the employer and the employee does not need to be a member of the trade union. The employee’s right to be accompanied is limited to these companions.

There is no easy tool which employers can use to check the identity of a companion who accompanies as a workplace trade union representative. Employers can ask for evidence of certification and/or training. If this is not provided or concerns remain then employers can contact the trade union direct to seek information. The scope to refuse a chosen companion is very narrow so a lack of available credentials should not usually result in a chosen companion being refused.

If the employee’s chosen companion is not available then the employee has the right to ask for the meeting to be re-arranged for an alternative time within five working days following the original time set. If the employee’s chosen companion is not available at all in the five day window then, depending on the circumstances and the length of time that the companion will be unavailable, a further delay should be considered to make sure that the employer is not found to have refused a reasonable request to be accompanied.

Companions can address the hearing and confer with the employee during the hearing. They have no right to answer questions on the employee’s behalf.

Employees can bring a stand-alone claim if they believe that their employer has refused a reasonable request that they be accompanied. Compensation is limited to two week’s pay (subject to the statutory cap on a week’s pay). Any refusal can also impact on unfair dismissal claims as a failure to allow an employee to be accompanied will be a factor pointing to procedural unfairness.

Employers should always check their policies and employment contracts for any references to the right to be accompanied which may extend beyond the legal obligations in this area.