Introduction to Accompaniment Rights at Disciplinary Meetings
Facing a disciplinary meeting at work can be a stressful experience. These meetings are usually held when your employer believes you may have breached workplace rules or your performance is in question. The outcome can seriously affect your job, so it’s important to understand your rights and how to protect yourself during the process.
One of your key protections under UK employment law is the right to be accompanied at a disciplinary meeting. This right is set out in Section 10 of the Employment Relations Act 1999. It means you can ask someone to attend the meeting with you, offering support, advice, and another set of ears. Having someone present can help you stay calm, take notes, and ensure you understand everything that’s discussed.
The law states you are entitled to be accompanied by a colleague, a trade union representative, or an official employed by a trade union. This is not just a courtesy—your employer is legally required to allow this, providing you make a reasonable request. The person accompanying you can help present your case, take notes, and speak with you privately during the meeting.
Bringing someone with you can make a real difference. They can help you prepare, make sure your voice is heard, and support you emotionally. Many people find that having a companion helps reduce anxiety and ensures the meeting is fair.
Throughout this page, we will explain exactly who you can bring, why it matters, and how to make the most of your right to accompaniment. If you’re new to the subject or want to understand the full disciplinary process, you may find it helpful to start with our overview of disciplinary meetings. This will give you the bigger picture before you focus on your rights during the meeting itself.
Who Can Accompany You to a Disciplinary Meeting?
If you are asked to attend a disciplinary meeting at work, you have a legal right to be accompanied. Under Section 10 of the Employment Relations Act 1999, you can bring someone with you to help ensure that the process is fair and that your voice is heard. Understanding exactly who you can choose as your companion is important for making the most of this right.
The law says you may be accompanied by either:
A fellow worker (someone employed by the same employer)
An official trade union representative
This right applies to disciplinary meetings where you could face a formal warning, some other disciplinary action, or dismissal. Your employer must inform you of this right in advance of the meeting.
A fellow worker is any colleague who works for your employer. This can be someone from your team, another department, or even a different location, as long as they are employed by the same organisation. You do not need to choose someone with a specific job title or position. It’s a good idea to pick someone you trust and who feels comfortable supporting you in a formal meeting.
You can also ask to be accompanied by a trade union representative. This could be:
An official employed by a trade union
A lay representative (such as a workplace rep) who has been certified by their union as competent to act as a companion
You do not need to be a member of the trade union to ask for their representative’s support, but the representative must be officially recognised by the union. The role of a trade union representative is to support you, help present your case, and take notes. They can also address the meeting to put forward your views or raise points, but they cannot answer questions on your behalf.
In most cases, you cannot bring:
Family members (such as a spouse, parent, or friend)
Legal representatives (such as a solicitor or barrister)
These individuals may only attend if your employer agrees as an exception, which is rare. The law does not require employers to allow companions outside of the categories above, even if you feel more comfortable with someone else.
It’s important to select someone you trust and who understands the disciplinary process. Your companion can:
Take notes during the meeting
Help you present your case or clarify your points
Speak on your behalf when appropriate
A good companion will help you stay calm and focused. If possible, choose someone with experience in disciplinary meetings or who is familiar with workplace procedures. If you are a member of a trade union, contacting your union for advice and support is often the best option.
Let your employer know in writing who you wish to bring as your companion.
Give your companion plenty of notice so they can prepare and attend.
If your chosen companion is unavailable, you have the right to suggest another reasonable date for the meeting.
Remember, your employer must allow your chosen companion to attend, and they cannot treat you unfairly for exercising this right. If you are unsure about your options, check your staff handbook or speak to a union representative for more guidance.
Understanding who can accompany you—and why it matters—can make a significant difference to your confidence and the outcome of your disciplinary meeting.
Colleagues as Companions
Under UK employment law, specifically section 10 of the Employment Relations Act 1999, you have the right to be accompanied to a disciplinary meeting by a fellow worker. This means you can ask a colleague from your workplace to attend the meeting with you, as long as they are not directly involved in the case or acting in a conflicting role (for example, as a witness or the person bringing the complaint).
Having a colleague present can make a big difference during what can often be a stressful and intimidating process. A companion provides moral support, helping you feel less isolated and more confident when presenting your side of the story. They can also take notes during the meeting, which can be invaluable if you need to refer back to what was said or prepare for an appeal.
Your colleague is allowed to:
Confer with you during the meeting (but not answer questions on your behalf)
Address the meeting to put forward your case
Sum up your case at the end
However, they are not permitted to answer questions directly for you or disrupt the meeting.
Your chosen companion must be a current employee at your workplace. They do not have to work in the same department or at the same level as you. For example, you could bring a colleague from another team or even a different site, as long as they are employed by the same organisation.
It’s important to choose someone who is not personally involved in the disciplinary issue. This helps ensure fairness and avoids any conflicts of interest. If you are unsure whether a colleague is eligible, it’s best to check with your HR department or refer to your company’s disciplinary policy.
While you have the right to request a colleague’s accompaniment, there are some practical limitations to keep in mind:
Availability: Your colleague must be willing and able to attend the meeting. They are not obliged to accept your request, and their own work commitments may affect their availability.
Notice: You should give your employer reasonable notice of who you wish to bring. This helps the employer make any necessary arrangements and avoid unnecessary delays.
Employer’s Duty: Your employer must allow your chosen companion time off during working hours to attend the meeting. They cannot penalise your colleague for acting as your companion.
If your first choice is unavailable, you may need to ask someone else or consider bringing a trade union representative if you are a member.
Can I bring more than one colleague? No, the law allows you to bring only one companion to the meeting.
What if my employer refuses my chosen companion? Your employer can only refuse your companion if they are not a fellow worker or are involved in the case. Otherwise, refusing your reasonable request could be grounds for a complaint.
What if I don’t know anyone well enough? You are not required to bring a colleague, but it can be helpful. If you do not feel comfortable asking anyone, you can attend the meeting alone or explore other options, such as a trade union representative if you are a member.
Choosing the right companion can help ensure you feel supported and fairly treated during the disciplinary process. Make sure to communicate clearly with your chosen colleague and prepare together for the meeting.
Trade Union Representatives
A trade union representative is someone officially chosen by a trade union to act on behalf of its members in the workplace. In the context of a disciplinary meeting, a trade union representative plays a vital role in supporting and representing you throughout the process.
Trade union representatives, sometimes called “shop stewards” or “union reps,” are employees or officials who have been elected or appointed by a recognised trade union. Their main job is to protect the interests of union members in the workplace, particularly during formal procedures like disciplinary or grievance meetings.
If you are facing a disciplinary meeting at work, the law gives you the right to be accompanied by a trade union representative, as set out in Section 10 of the Employment Relations Act 1999. The representative’s role during the meeting includes:
Providing expert advice: They can help you understand the process, your rights, and what to expect during the meeting.
Speaking on your behalf: The union rep can address the meeting to put forward your case, sum up your points, and respond to any statements made by your employer.
Consulting with you privately: You have the right to confer with your representative during the meeting, ensuring you get real-time advice and support.
Ensuring fair procedure: They can help make sure that your employer follows the correct disciplinary procedures and that you are treated fairly throughout.
There are some important conditions to bear in mind:
Official status: The trade union representative must be an official employed by a trade union or someone certified in writing by the union as having experience or training in acting as a companion. They must also be from a trade union that is recognised by your employer for collective bargaining or representation purposes.
Recognition by the employer: Not all workplaces have a recognised trade union. If your employer does not recognise a union, you may not have the right to be accompanied by a union representative, unless otherwise agreed.
Advance notice: It is good practice to inform your employer in advance if you wish to be accompanied by a trade union representative, giving them enough time to accommodate this request.
Before your disciplinary meeting, make contact with your trade union as soon as possible. They can assign a representative to your case and provide guidance on how to prepare. Your representative can also help you gather evidence, understand the allegations, and plan your response. Remember, the presence of a knowledgeable union rep can make a significant difference in ensuring your voice is heard and your rights are protected.
If you are unsure whether you can bring a trade union representative, check your workplace policies or speak directly to your union. Having the right support at a disciplinary meeting can help you feel more confident and ensure the process is fair.
How to Arrange for Your Companion
When you decide to bring someone with you to a disciplinary meeting, it’s important to let your employer know as soon as possible. Under the Employment Relations Act 1999, you have the legal right to be accompanied by a colleague, a trade union representative, or an official employed by a trade union. To make sure everything goes smoothly, follow these steps:
1. Inform your employer in advance You should tell your employer who you want to bring with you before the meeting takes place. Ideally, do this in writing—an email is usually sufficient. Include the name of your chosen companion and their role (for example, “my colleague, Jane Smith” or “my trade union representative, John Doe”). This helps your employer make the necessary arrangements, such as ensuring your companion can access the meeting room or receive relevant information.
2. Give reasonable notice While the law doesn’t specify an exact notice period, it’s best to give as much notice as possible. This allows your employer to accommodate your companion’s attendance and avoids unnecessary delays. For example, if your disciplinary meeting is scheduled for next week, try to inform your employer at least a few days beforehand.
3. If your companion is unavailable Sometimes, your chosen companion may not be able to attend on the proposed date. In this case, you can ask your employer to reschedule the meeting for a time when your companion is available. Your employer should consider this request seriously, as long as it doesn’t cause unreasonable delay—usually up to five working days is considered reasonable.
4. Your employer’s obligations Your employer should not unreasonably refuse your choice of companion, as long as they meet the legal criteria (colleague, trade union representative, or official). If your employer refuses without a valid reason, this could be a breach of your statutory rights. If you face difficulties, keep a record of your communications and consider seeking advice.
Arranging for a companion is just one part of getting ready for your meeting. For more tips on what to expect and how to get organised, see our guide on preparing for a disciplinary meeting.
What to Expect from Your Companion During the Meeting
When you attend a disciplinary meeting at work, your companion plays a vital role in supporting you throughout the process. The right to be accompanied is protected under the Employment Relations Act 1999, which allows you to bring a colleague, trade union representative, or an official employed by a trade union. Understanding what your companion can and cannot do will help you make the most of their support during this important meeting.
Supporting and Advising You
Your companion is there first and foremost to provide moral support. Disciplinary meetings can be stressful and emotionally charged, so having someone by your side can help you feel more confident and less isolated. Your companion can offer practical advice, help you understand the process, and ensure that your rights are respected. They may also take notes during the meeting, which can be useful if you need to refer back to what was discussed.
Speaking on Your Behalf
Legally, your companion has the right to address the meeting. This means they can present your case, make statements to clarify your position, and respond to points raised by your employer or the disciplinary panel. For example, if you find it difficult to express yourself under pressure, your companion can help explain your side of the story or highlight important facts you might forget to mention.
Responding to Questions
While your companion can respond to questions directed at them, they cannot answer questions on your behalf. You are expected to speak for yourself when asked direct questions about your conduct or the circumstances under review. However, your companion can ask the meeting chair to clarify questions or pause the meeting if you need a moment to compose yourself or seek their advice.
Limits on Your Companion’s Role
It’s important to know that your companion cannot disrupt the meeting or prevent others from speaking. Their role is to support you, not to take over the proceedings. If your companion repeatedly interrupts or refuses to let others speak, your employer may ask them to leave. The law is clear that the companion’s involvement should not interfere with the meeting running smoothly.
Reducing Stress and Improving Communication
Having a companion present can make a significant difference to your experience. They can help you stay calm, remind you of key points you want to raise, and ensure you are treated fairly. If you feel overwhelmed, your companion can suggest taking a short break. Many people find that simply knowing they are not alone helps them communicate more clearly and confidently.
Practical Tips
Meet with your companion before the meeting to discuss your case and agree on how they can best support you.
Decide in advance which points you want your companion to address and which you will handle yourself.
Bring any relevant documents and make sure your companion has copies if needed.
Understanding your companion’s role and preparing together can give you the best chance of a fair and productive disciplinary meeting.
Situations When You Might Need a Companion
Facing a disciplinary meeting at work can be stressful, especially if the situation involves sensitive issues or serious allegations. There are several scenarios where having a companion present is particularly important, both for emotional support and to help ensure the process is fair.
One common example is when the meeting relates to allegations of workplace bullying or harassment. If you have been accused of bullying, or if you have raised concerns about being bullied, the meeting can feel intimidating. A companion can help you stay calm, take notes, and ensure your voice is heard. Understanding what counts as workplace bullying can also help you recognise when you might need extra support or reassurance during these discussions.
You might also benefit from bringing someone with you if you feel anxious, stressed, or overwhelmed by the disciplinary process. This is particularly true if you have mental health concerns, or if the meeting is likely to discuss complex or distressing issues. The presence of a companion can provide reassurance, help you remember key points, and offer moral support.
The law gives you the right to be accompanied at a disciplinary meeting if it could result in a formal warning or another disciplinary action. Under Section 10 of the Employment Relations Act 1999, you are entitled to bring a colleague, a trade union representative, or an official employed by a trade union. This right applies regardless of the specific allegations, but it becomes especially important in situations where power imbalances or emotional distress are involved.
In summary, if you are facing a disciplinary meeting due to allegations of bullying, harassment, or any situation where you feel vulnerable, bringing a companion is not just your legal right—it can also make a significant difference to your experience and the outcome. If you are unsure about whether you need support, consider the nature of the allegations, your relationship with those involved, and your own wellbeing. Taking steps to ensure you have the right support can help you approach the meeting with greater confidence and clarity.
Additional Rights and Support Options
When preparing for a disciplinary meeting, it’s important to remember that your rights may go beyond what is set out in the law. Many employers include specific provisions about accompaniment in your employment contract and workplace issues. These provisions might grant you extra support—such as allowing someone other than a trade union representative or colleague to accompany you—or set out additional procedures to follow during the meeting. Always review your contract and your employer’s disciplinary policy to understand exactly what you are entitled to.
Workplace policies and procedures often explain the steps your employer must follow before, during, and after a disciplinary meeting. These documents can clarify your right to be accompanied, the process for requesting accompaniment, and any additional support options available. For example, some employers might allow you to bring a family member or provide access to an employee assistance programme for emotional support.
If the disciplinary meeting does not resolve the issue to your satisfaction, you are not without further options. You may have the right to appeal the decision internally, but if this process is unsuccessful or unavailable, you can explore other employment dispute procedures. These include mediation, conciliation, or even taking your case to an employment tribunal. Mediation and conciliation are forms of alternative dispute resolution (ADR) that aim to resolve workplace disagreements without the need for formal legal action. ACAS (the Advisory, Conciliation and Arbitration Service) offers free and impartial advice, and can help facilitate these processes.
In summary, always check your workplace’s specific rules and your contract, and be aware that alternative support and resolution methods are available if disciplinary meetings do not bring about a fair outcome. Taking these steps can help ensure your rights are protected throughout the process.
Next Steps After the Disciplinary Meeting
After your disciplinary meeting, it’s important to take time to review the outcome carefully. If you receive a written decision, read it thoroughly and discuss it with your companion or a trusted advisor. They can help you understand the reasons given for the decision and consider your options.
If you disagree with the outcome, you have the right to appeal under the Employment Relations Act 1999 and the ACAS Code of Practice on Disciplinary and Grievance Procedures. Most employers will outline the process for making an appeal in their disciplinary policy or in the decision letter itself. Typically, you’ll need to submit your appeal in writing, clearly stating the grounds for your appeal—such as new evidence, procedural errors, or if you feel the decision was too harsh.
It’s crucial to act quickly, as there are usually strict time limits for lodging an appeal—often five or ten working days from the date you receive the decision. Missing this deadline could mean losing your right to challenge the outcome.
For step-by-step guidance on what to include in your appeal and how the process works, see our page on appealing against disciplinary action.
Remember, your companion can also support you during the appeal process, whether by helping you prepare your appeal letter or accompanying you to any further meetings. Taking these steps can help ensure your concerns are heard and that your rights are protected throughout the disciplinary process.
