UK HR Term
Right to be accompanied
The right to be accompanied is the statutory right under section 10 of the Employment Relations Act 1999 for a worker invited to a disciplinary or grievance hearing to be accompanied by a trade union representative or a fellow worker. The companion can address the hearing but not answer questions on the worker's behalf.
In plain English
Section 10 of the Employment Relations Act 1999 gives every UK worker the statutory right to bring someone with them to a formal disciplinary or grievance hearing. The companion can support, take notes, and address the hearing — but cannot answer questions on the worker's behalf.
Who can act as companion
Only two categories are statutorily protected:
- A trade union representative certified by their union as competent to act in the role
- A fellow worker of the same employer
Friends, family members, and external solicitors are not covered by the right unless the contract or company policy goes beyond the statutory minimum.
What the companion can do
- Address the hearing — making the worker's case, summing up
- Confer privately with the worker during the hearing
- Take notes
- Question the employer's evidence (in many cases)
What they cannot do
- Answer questions on the worker's behalf
- Prevent the employer from putting questions directly to the worker
When the right applies
For any hearing that could result in a formal warning, dismissal, or the confirmation of either on appeal. It applies equally to grievance hearings raising a formal complaint about treatment at work.
The worker must make a reasonable request to be accompanied — meaning enough notice for the companion to attend. The employer cannot deny the right but can postpone the hearing once if the chosen companion is unavailable.
Penalty for refusal
Refusing the right is unlawful and can result in tribunal compensation of up to two weeks' pay, separate from any underlying dismissal claim.