An Update On The Statutory Right To Be Accompanied At Disciplinary And Grievance Hearings

Workers have a statutory right to be accompanied at certain disciplinary and grievance hearings by a work colleague, trade union official or certified union representative. The recent case of Wolfe v Taka Mayfair Ltd 2026 makes it clear that this is conditional on the worker making a reasonable request to be accompanied.

There may be forthcoming changes to the right to be accompanied, depending on the outcome of a current government review and final terms of the updated ACAS Code of Practice on disciplinary and grievance procedures.

When does the right to be accompanied apply?

Section 10(1) of the Employment Relations Act 1999 provides a right to be accompanied where a worker:

• Is required or invited by their employer to attend a disciplinary or grievance hearing, and
• Reasonably requests to be accompanied at the hearing.

Disciplinary hearings are hearings that could result in a formal warning being issued, the taking of some other disciplinary action (such as suspension without pay, demotion or dismissal) or the confirmation of a warning or some other disciplinary action (i.e. appeal hearings). The right to be accompanied applies to capability as well as misconduct hearings.

A grievance hearing is defined as 'a hearing which concerns the performance of a duty by an employer in relation to a worker’. This covers grievance meetings, appeal hearings and investigation meetings with the worker who raised the grievance.

There is no statutory right to be accompanied at disciplinary investigation meetings, grievance investigation meetings with workers who did not raise the grievance, redundancy consultation meetings or meetings to discuss flexible working requests. However, it can be good practice to allow a companion at these if requested.

An individual’s contract or your policies may give workers additional rights – in terms of when they can be accompanied and/or who can act as a companion.

Who can accompany a worker?

A companion can be a colleague, an official employed by a trade union or an official of a trade union whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings. The worker doesn’t need to belong to the union, and the employer doesn’t need to recognise the union.

There is no statutory right to be accompanied by a companion who doesn’t fall into one of the above categories, but it might be appropriate to allow e.g. a friend, family member or lawyer in some circumstances, for example as a reasonable adjustment for a disabled worker or for an individual whose first language is not English.

If a worker’s chosen companion is unavailable, the worker can suggest an alternative time and date. You must accept this if it is reasonable and not more than five working days after the original date.

What is the role of a companion?

The companion may address the meeting to put and sum up the worker’s case, respond on the worker’s behalf to any views expressed and confer with the worker during the meeting. They do not have to be permitted to answer questions on the worker’s behalf, address the meeting if the worker does not wish this or act in a way which prevents the hearer from explaining their case.

What if we do not allow an employee to bring a companion?

If you do not allow (or threaten not to allow) a companion to attend, the employee could raise an employment tribunal claim. If successful, you would be required to pay up to two weeks' pay as compensation. Also, employees are protected from being subjected to a detriment or dismissed because they have exercised or sought to exercise their right to be accompanied.

Does the right to be accompanied apply automatically?

The right to be accompanied is not an automatic right: it only applies if the worker makes a reasonable request. The ACAS Code of Practice states that what is reasonable will depend on the circumstances of each individual case.

In Wolfe v Taka Mayfair Ltd 2026, Mr Wolfe was called to a meeting at the end of his shift without advance warning and without knowing the purpose of the meeting. He was dismissed at the end of the meeting. The Employment Appeal Tribunal rejected his attempt to include a complaint that his statutory right to be accompanied had been breached. Mr Wolfe accepted that he had made no request at the time and, therefore, the EAT found that the statutory requirements of section 10(1) had not been met. The right to be accompanied cannot arise if no request is made, even if the worker did not know the nature of the meeting in advance.

However, the EAT recognised that a failure to notify an employee of their right to be accompanied may be relevant in the context of an unfair dismissal claim. The ACAS Code of Practice on disciplinary and grievance procedures recommends that a worker is told of their right to be accompanied when notified of a disciplinary or grievance meeting.

Government review and amended Code of Practice

The Department for Business and Trade started a six-month review of the right to be accompanied on 7 July 2026. The aims of the review are to understand awareness of the right by employers and workers, assess stakeholders' understanding of the right, evaluate how the right is presently being used and consider the appropriateness of the current list of companions.

In addition, ACAS is running a consultation between 30 July and 23 September 2026 on an updated draft ACAS Code of Practice on disciplinary and grievance procedures. The draft Code of Practice states that if a worker requests to be accompanied at a meeting where the statutory right does not apply, it is good practice for the employer to consider the request. It also provides that, in certain circumstances, particularly where dismissal might follow, employers should consider allowing longer than five working days to rearrange a meeting where a companion is unavailable, if doing so would not cause unreasonable delay.

Any recommendations from the government’s review of the right to be accompanied will be considered when finalising the draft Code of Practice.