Summary
- Employees and workers have a statutory right to be accompanied by a trade union representative or a fellow worker at formal disciplinary and grievance hearings.
- The companion may address the hearing and confer with the worker, but cannot answer questions on their behalf.
- Refusing a reasonable request for accompaniment can result in an employment tribunal claim and a compensation award of up to two weeks’ pay.
- This is a plain-English guide to the right to be accompanied at disciplinary meetings, aimed at UK business owners, produced by LegalVision, a commercial law firm.
- LegalVision specialises in advising clients on employment law and workplace procedures.
Tips for Businesses
Allow accompaniment requests promptly and confirm arrangements in writing. Ensure managers chairing hearings understand the companion’s permitted role. Keep records of all requests and decisions. Review your disciplinary procedure to confirm it reflects statutory requirements and is applied consistently across your workforce.
In a disciplinary meeting, employees have the legal right to bring a companion for support. As an employer, failing to allow this could expose you to an employment tribunal claim. This article will explain the role of a companion in a disciplinary meeting, who can carry out this role and exactly what they are and are not allowed to do in the disciplinary meeting.
What is a Disciplinary Meeting?
A disciplinary meeting or hearing is a meeting between you and your employee before you give any potential disciplinary action. These meetings allow you and your employee to express both sides of the story.
Once you hold a disciplinary meeting, you may find that the problem persists. In this case, you could take disciplinary action like:
- giving a follow-up warning;
- suspending your employee without pay;
- demoting the employee; or
- dismissing the employee.
Additionally, a disciplinary meeting should occur at a reasonable time and place. For example, holding a meeting outside of work hours would be unreasonable.
What is a Companion in Disciplinary Meetings?
In a disciplinary meeting, your employee has a right to have someone with them. This is termed the ‘right to be accompanied’. The person who accompanies your employee is called a companion.
You should give your employee at least five days written notice of the disciplinary meeting. Likewise, let them know they have the right to a companion during the meeting. However, if your employee does not have enough time to arrange for a companion, you may need to rearrange the meeting.
If your employee makes a reasonable request to be accompanied and you refuse, your employee could take you to an employment tribunal. If successful, you could be required to pay compensation amounting to two weeks of your employee’s pay but no more than a week’s pay of £544.
You should note that the right to a companion only relates to disciplinary meetings. So, the right to a companion does not exist if you:
- have an informal chat with your employee; or
- schedule an appointment before any disciplinary meeting to establish what has happened.
However, if your employee asks to be accompanied, you may allow it if you choose.
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Who Can Be a Companion in a Disciplinary Meeting?
When your employee brings someone to a disciplinary meeting, they cannot bring any person they wish. Instead, the right to be accompanied concerns only certain types of people. These include individuals like a:
- work colleague;
- trade union representative; or
- trade union official.
Where the companion is from a trade union, it does not have to be one that your business recognises. The companion can be from any trade union.
However, you may choose to allow your employees a wider choice of companions. If so, you should include these within your workplace policies under the section on disciplinary action and meetings. You can also specify these rules in your employee’s employment contract. For example, you may state that where an employee cannot find a colleague to accompany them to a disciplinary meeting and are not in a union, they are allowed a family member or Citizens Advice worker to accompany them as their companion. However, you are not obliged to allow this.
Where your employee is disabled, you may be obliged by discrimination law to allow someone else as their companion rather than the three types of people your employee is legally entitled to bring. As an employer, you have a legal requirement to make reasonable adjustments for your employees with a disability. So, when conducting a disciplinary meeting, you could allow, for example, their carer or someone with a knowledge of the disability to accompany them.
What Does a Companion Do in a Disciplinary Meeting?
The role of a companion in a disciplinary meeting is to:
- take notes for your employee;
- present your employee’s case;
- summarise your employee’s case at the end of the meeting;
- respond to your comments or points;
- confer with the employee during the meeting; and
- discuss the issues directly with you during the meeting.
It is not a legal requirement for you to allow the companion to answer questions you put to your employee in a disciplinary meeting. However, you may choose to enable this if you wish.
Importantly, if the companion is a colleague of your employee and, therefore, one of your employees, you are not allowed to discipline them for agreeing to be a companion.
Key Takeaways
Your employees are legally entitled to a companion at a disciplinary meeting. You must make them aware of this right before the meeting and provide enough notice to arrange a support person. There are rules about the companion’s role and restrictions on who legally qualifies as a companion. There are also rules about what a companion can and cannot do in a disciplinary meeting. Importantly, not allowing your employee their right to a companion could lead you to face an employment tribunal.
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Frequently Asked Questions
A companion in a disciplinary meeting is someone your employee chooses to accompany to the meeting to help them with their case. In addition, there are rules about the companion’s role and restrictions on who legally qualifies as a companion.
The role of a companion in a disciplinary meeting is to help your employee present their case to you. They may, for example, take notes or summarise your employee’s case at the end of the meeting.
No. The law limits companions to colleagues, trade union representatives, or trade union officials. However, you may choose to expand this in your workplace policies.
Yes. Discrimination law may require you to allow a carer or disability specialist as a companion, as part of your reasonable adjustments obligation.
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