The right for employees to be accompanied to meetings

When does an employee have the right to be accompanied?

Aside from informal chats and meetings and investigatory, fact-finding meetings, it is stipulated under The Employment Relations Act 1999 that an employee has a right to be accompanied if they are, ‘required or invited by his employer to attend a disciplinary or grievance hearing’ and they reasonably request to be accompanied.

A valid disciplinary meeting therefore would be one which results in a formal warning or other disciplinary action being issued or one whereby such action is confirmed, for example at appeal meetings.

Who is allowed to accompany an employee to a meeting?

As such, should an employee find themselves being subject to either a grievance or a disciplinary meeting, they are legally entitled to be accompanied by one of the following:

• A colleague
• A Trade Union Representative
• A trade union official

There are instances where an employee may request an alternative, such as a family member or carer. This alternative will be at the employer’s discretion to accept as they are under no obligation to deviate from the prescribed list.

It would however be good practice for the employer to make reasonable adjustments if the situation requires it.  For example, the Equality Act imposes a duty on the employer to make reasonable adjustments for employees with disabilities.

Our advice to employers is that, unless there is a specific reason to refuse the employee being accompanied by a friend or relative, it is good HR practice to allow them to bring someone so that they feel comfortable and in turn are more likely to positively engage in the process.

The process for arranging the companion

Following the invite to the meeting, the employee should normally notify you that they wish to be accompanied and by whom.

If the chosen companion is unable to make the date of the meeting, the employee can request the meeting be rearranged within the period 5 working days after of the originally proposed date.

The employee does not have to be a member of a trade union if they wish to request a trade union representative or an official. 

What the companion can/cannot do

The employee’s companion can take notes during the meeting, present the employee’s case, discuss matters with the employee and summarise the meeting.

They are not however allowed to answer questions on behalf of the employee, speak without the permission of the employee nor stop the employee from speaking.

If you would like any advice or support in regard to an employee’s requested companion or on the disciplinary or grievance process generally, please do not hesitate to get in touch on 01983 897003.