The statutory right

Under s.10 of the Employment Relations Act 1999, every worker (not just employees) has the right to be accompanied at a disciplinary or grievance hearing by:

  • A fellow worker of the same employer; or
  • An official of a trade union (whether or not the union is recognised); or
  • A certified workplace representative of a trade union.

The companion can address the hearing, sum up your case, and confer with you — but cannot answer questions on your behalf.

Which hearings qualify

The right applies to a hearing where:

  • The employer is considering a formal warning, dismissal or some other disciplinary action; or
  • A formal grievance is being considered.

Informal investigations and return-to-work meetings are normally outside the scope (though it's good practice to allow accompaniment).

Reasonable request

The request must be reasonable. Asking for a colleague from across the country to fly down is probably not. Asking for a particular union rep usually is. Tribunals are slow to second-guess your choice.

What if the companion isn't available?

You can request postponement of up to 5 working days for an available companion to attend (s.10(4) ERelA 1999). The employer must agree.

Remedy for refusal

If the employer refuses to allow accompaniment or refuses a reasonable postponement, you can claim at tribunal — up to 2 weeks' pay (capped at the statutory weekly cap, £719 from 6 April 2025).

Dismissal or detriment for asserting this right is automatically unfair under s.12 ERelA 1999 and s.104 ERA 1996. No qualifying period.

Time limit

3 months less one day from the date of the hearing or refusal.